Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66327 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- Badem P.S. District- Aurangabad ====================================================== Manoj Singh, Son of Lakshuman Singh, Resident of Village- Raghunathpur, PS- NTPC Khaira Badem, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Badem P.S. Case No. 16 of 2024, registered for the alleged offence under Section 414 of the Indian Penal Code.

03. As per prosecution case, police received information about the petitioner keeping stolen iron pipes of NTPC on his vacant land near his house. A raid was conducted and two persons fled away from the spot. On search, the police party found 10 pieces of iron pipe loaded on the truck and further recovery of 40 pieces of iron pipe and 02 oxygen cylinders kept in a pile of straw on the land adjacent to the house of the petitioner was made. The truck was also seized

Patna High Court CR. MISC. No.66327 of 2024(2) dt.21-09-2024 2/3 from the spot.

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner has nothing to do with the land from where recovery has been shown. The said land belongs to one Surendra Singh and the petitioner has no concern with the same. Even otherwise recovery has been shown from the vacant land and the petitioner could not be fastened with the liability of the seized articles. Learned counsel further submits that though it is said that iron pipes were stolen from NTPC, but NTPC has not registered any case of theft of iron pipes. The petitioner is having clean antecedent.

05. Learned A.P.P. for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the remoteness of allegation and probability of false accusation and clean antecedent, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.66327 of 2024(2) dt.21-09-2024 3/3 satisfaction of learned ACJM-I, Aurangabad in connection with Badem P.S. Case No. 16 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T