Patna High CourtCR. MISC./46531/2023bail granted

Naveen Kumar @ Naveen Yadav v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46531 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- CHANDAN District- Banka ====================================================== NAVEEN KUMAR @ NAVEEN YADAV S/O CHHEDI YADAV R/O VILLAGE- GAJORAIDIH, PS. CHANDAN O.P. ANANDPUR, DIST. BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Chandan P.S. Case No. 38 of 2023 dated 22.02.2023 registered for the offences punishable u/ss 392 and 411of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused person are alleged to have looted Rs. 1,91,581/- and other articles from the dicky of the motorcycle of the informant.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.46531 of 2023(2) dt.02-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has surfaced during investigation only on the basis of the confessional statement of the co-accused Sanjay Kumar Yadav. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Chandan P.S. Case No. 38 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T