Sangam Kumar Triveni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65222 of 2022 Arising Out of PS. Case No.-775 Year-2022 Thana- NAWADA District- Nawada ====================================================== SANGAM KUMAR TRIVENI Son of Kuldeep Prasad Yadav @ Kuldeep Yadav R/v- Kasiadih, P.S.- Sirdala, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

As per allegation in the FIR, while the informant was coming with his iron loaded truck from Bokaro and reached near nawada, 5-6 accused persons, who were on Bolero, came there and intercepted his truck. On pistol point, two out of them fled away with his truck and remaining accused persons forced him to sit on their Boloro and drop the informant at Fatehpur Chowk. The informant informed this matter to his family members, transport company and then the FIR.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.65222 of 2022(3) dt.07-04-2023 2/2 that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR nor he has been identified by the informant. No one is the eye witness of the alleged occurrence. Name of the petitioner surfaced in this case in confessional statement of co-accused Ankit Kumar, which has no evidentiary value in the eye of law and on the basis of his disclosure, the looted truck has been recovered. Petitioner is languishing in judicial custody since 18.7.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Town (Nawada) P.S. Case No. 775 of 2022.

(Sunil Kumar Panwar, J) sushma/- U