Md. Taiyab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61125 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== Md. Taiyab S/O Md. Nezamuddin @ Nijamuddin R/O Vill.- Manipur, P.SVaishali Distt Vaishali ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Prakash Chandra Jha, Advocate For the Opposite Party :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nemdarganj P.S. Case No. 15 of 2024 dated 10.01.2024 registered for the offences punishable u/ss 406, 420, 120B and 379 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant alleged that the co-accused Munshi Rana gave him an offer that he can earn Rs. 1,30,000/- per month if he is willing to give his truck on rent to the co-accused Amar Jyoti. On. 24.12.2023, the informant and the co-accused Munshi Ram

2/4 reached Nawada, there the co-accused Rahul Kumar @ Chotu met him and he took them to the office where the coaccused Amar Jyoti, Purushottam Kumar and Gautam Kumar were present and the co-accused Amar Jyoti told him that as the court is closed so agreement cannot be done and asked him to leave his truck. Further, on 26.12.2023, as per the instruction of the co-accused persons the informant parked his vehicle near the petrol pump in Nawada, thereafter, on 31.12.2023, the informant sent his driver, Suraj Kumar Yadav for knowing the status of the agreement but the co-accused Rahul Kumar told him that the agreement could not be done and it will be done after new year, and took the keys of the vehicle. On 03.01.2024., when the informant's driver reached Nawada again, there he found his truck missing.

When the informant tracked his truck through GPS, he found that it was in the office of the co-accused, Amar Jyoti after which the informant's driver contacted the co-accused, Rahul Kumar but proper explanation was not given by him. Further, the informant's driver has alleged that the co-accused persons have committed fraud with them and have stolen the said truck.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in this case on the confessional statement of the co-accused, Rahul. The occurrence took place on 03.01.2024 but the F.I.R. was lodged on 10.01.204 after a delay of six days and there is no explanation for this delay. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The other co-accused person has already been granted bail by this court vide order dated 14.08.2024 passed in Cr. Misc. No. 53395/2024. The petitioner has ten criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.05.2024.

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

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty

4/4 Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nemdarganj P.S. Case No. 15 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T