Naulesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4543 of 2021 Arising Out of PS. Case No.-131 Year-2020 Thana- PARASBIGHA District- Jehanabad ====================================================== NAULESH KUMAR Son of Shiv Baran Yadav Resident of Village Dihuri P.S. Parasbigha, District Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Adv.

For the Opposite Party/s :

Mr. Arun Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-10-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection wtih Parasbigha P.S. Case no. 131 of 2020 instituted for the offence under Sections 413 and 414/34 of the Indian Penal Code. As per allegation in the FIR, in course of night patrolling, co-accused Vikash Kishore Singh was arrested and three accused persons managed to escape including this petitioner. It is further submitted that on search a mobile set and three electric submersible motors were recovered from the alleged vehicle.

Patna High Court CR. MISC. No.4543 of 2021(2) dt.08-10-2021 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The name of the petitioner has been disclosed in this case by the co-accused, namely, Vikash Kishore Singh who was arrested on spot. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Parasbigha P.S. Case no. 131 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 5,000/- ( Rupees five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T