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Patna High CourtCR. MISC./55050/2022allowed

Naveen Kumar Singh v. The State Of Bihar

2023-02-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55050 of 2022 Arising Out of PS. Case No.-112 Year-2017 Thana- DAUDPUR District- Saran ====================================================== Naveen Kumar Singh Son Of Mohan Singh Resident Of Village- Bajitpur, P.S.- Dokati, District-Baliya(U.P) ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudama Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 420, 406, 467, 468, 471/34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner and other co-accused persons have hired J.C.B machine from the informant's son on rent and thereafter the co-accused persons in connivance with the petitioner have sold the alleged J.C.B. machine which was later on seized by the Daudpur police station.

Patna High Court CR. MISC. No.55050 of 2022(2) dt.16-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner has neither taken the alleged J.C.B machine nor did he work with it. There is no specific allegation against the petitioner rather the allegation levelled against the petitioner is general and omnibus. Moreover, the petitioner is languishing in judicial custody since 22.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Daudpur P.S. Case No. 112 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.55050 of 2022(2) dt.16-02-2023 3/3 two sureties of the like amount each to the satisfaction of the learned judicial Magistrate, 1st Class, Chapra. (Sunil Kumar Panwar, J) nirajkrs/- U T