← Library
Patna High CourtCR. MISC./71223/2024bail granted

Amar Jyoti v. The State Of Bihar

2024-11-22Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71223 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- NEMDARGANJ District- Nawada ====================================================== Amar Jyoti, Son of Shri Sharwan Kumar @ Sharwan Raut, Resident of Village - Panchgaon, P.S. - Nemdarganj, District- Nawada - 805121. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Satyabir Bharti, Advocate Mr. Abhishek Anand, Advocate Ms. Kanupriya Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Nemdarganj P.S. Case No.14 of 2024 registered for the offences punishable under Sections 406, 420, 120-B, 379 read with 34 of the Indian Penal Code.

3. The accused/petitioner is named in the FIR and is in custody since 16.04.2024.

4. Allegation against the petitioner is to cheat informant being owner of the office of M/s. Amar Jyoti.

5. It is submitted by learned counsel that merely the petitioner is the owner of Ms. Amar Jyoti office with whom

Patna High Court CR. MISC. No.71223 of 2024(3) dt.22-11-2024 2/3 proposed agreement was to be executed with informant, he implicated with present case. It is submitted that truck of the informant bearing Registration No.JH-02AV-3934 was found recovered after three days. It is submitted that the truck in issue was never handed over to this petitioner. It is submitted that police atrocities qua petitioner can be easily understand that Nemdarganj Police Station has lodged ten cases in one stroke on single day against the petitioner and in such manner, the petitioner was implicated in total of 21 cases. While concluding argument, it is submitted that investigation of this case is already completed for which charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of aforesaid facts and circumstances, as the truck in issue was never handed over to the petitioner whose implication appears prima facie only being the owner of M/s. Amar Jyoti, coupled with the fact that investigation of this case is already completed, where petitioner is in custody

Patna High Court CR. MISC. No.71223 of 2024(3) dt.22-11-2024 3/3 since 16.04.2024, accordingly, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III, Nawada in connection with Nemdarganj P.S. Case No.14 of 2024, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T