Navneet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58253 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- DESARI District- Vaishali ====================================================== NAVNEET KUMAR, age 21 years, Male, S/o Lal Babu Paswan, Resident of Village- Khoksa, P.S.- Desari, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mrs. Rina Sinha, Advocate.

For the Opposite Party :

Mr.Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 379 and 356 of the IPC. Later on, Section 392 of the IPC was also added.

The prosecution story, in brief, is that on 19.03.2019 at about 9.30 P.M. in the night, the informant loaded Generator on Bolero Pick-up Van and he proceeded for Supaul and when he reached near Gazipur at about 4.00 P.M. on next date 20.03.2019 at that time, two persons boarded at Bolero vehicle came there and they stopped the Pick-up Van of the informant and they also dragged him out from the said Pick-up Van and two persons took the seat in the Pick-up Van and informant was forcefully taken into Bolero vehicle and his eyes were also

Patna High Court CR. MISC. No.58253 of 2019(2) dt.17-09-2019 2/3 closed. It is further stated that at about 4.30 P.M. they left to the informant near Tulsi Chowk Bagicha and they also took away the said Pick-up Van, Mobile, Driving License, Aadhar Card, A.T.M. and Rs. 2,000/- in cash of the informant. After that the informant informed to the owner of the said Pick-up Van and lodged a written report before the Police Station, Desari. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 24.06.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused. There is no recovery from possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.,

Patna High Court CR. MISC. No.58253 of 2019(2) dt.17-09-2019 3/3 Vaishali at Hajipur, in connection with Desari P.S. Case No. 79 of 2019.

(Sudhir Singh, J) U.K./- U T