Noman Kumar @ Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55027 of 2023 Arising Out of PS. Case No.-425 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

Ritesh Kumar Singh S/O Raghvendra Narayan Singh R/O VillageMashrakh Kawalpura, Ps. Mashrakh, Dist. Saran 2.

Manan Kumar Singh S/O Bikrama Singh R/O Village- Mashrakh Kawalpura, Ps. Mashrakh, Dist. Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70159 of 2023 Arising Out of PS. Case No.-425 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Noman Kumar @ Navin Kumar S/O Surendra Ram R/O Village- Rasulpur Daud, P.S- Goraul, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 55027 of 2023) For the Petitioner/s :

Mr.Shatrughan Pandey For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh (In CRIMINAL MISCELLANEOUS No. 70159 of 2023) For the Petitioner/s :

Mr.Rameshwar Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in connection with Kotwali (Tilkamanjhi) P.S. Case. No. 425 of 2023

Patna High Court CR. MISC. No.55027 of 2023(3) dt.03-01-2024 2/3 instituted for the offence under Sections 406 and 420 of the Indian Penal Code.

As per FIR, informant stated that the driver of the vehicle bearing Reg. No. WB41G-2577 took the materials of Amul Company amounting about Rs. 20 lacs with a purpose to delivery the same at different districts of Bihar and Jharkhand. It is further alleged that the said driver did not deliver the materials at the specified place and he also switched off his mobile as such the said driver and material became still traceless.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this present case. The petitioners are not named in FIR rather their name has come in this case during the course of investigation. A statement has been made in para-3 of this petition that the petitioners have got not criminal antecedent. Moreover, they are languishing in judicial custody since 24.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that during investigation, petitioner, namely, Noman Kumar @ Navin Kumar arrested by the police, and he confessed that the half goods were unloaded at the house of petitioner, namely, Ritesh Kumar(petitioner

Patna High Court CR. MISC. No.55027 of 2023(3) dt.03-01-2024 3/3 No.1) and half goods were unloaded at the house of Manan Kumar Singh(petitioner No.2). As per seizure list, goods were recovered from the house of the petitioner No.1 and petitioner No.2. During investigation, witnesses also supported the prosecution case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioners on bail and, as such, their prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T