Navlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72576 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== Navlesh Kumar Son Of Late Kailash Sao Resident Of Village -Amawama, PsBind, Distt- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Jha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 457 and 380 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants committed loot in the informant's house and took away ornaments like Jhumka, Neckless set, Tika, Mangal Sutra, Ring, Bali and other articles and also cash of Rs. 20,000/-. It is further

Patna High Court CR. MISC. No.72576 of 2023(3) dt.23-01-2024 2/3 alleged that some looted articles have been recovered from the shop of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light on the basis of confessional statement of co-accused persons. He submitted that petitioner is the owner of the Jewellery shop and he had no knowledge that the seized articles were stolen one. There is no allegation of theft against the petitioner only, being the owner of the shop, he has been falsely implicated in this case. He is languishing in judicial custody since 16.06.2023.

5. The application for bail is opposed by learned APP for the State and submitted that the informant has identified the as alleged stolen articles and claimed that the same belongs to him, which has come in vide para-51 of the case diary.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing

Patna High Court CR. MISC. No.72576 of 2023(3) dt.23-01-2024 3/3 bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Nalanda at BiharSharif in connection with Sohsarai P.S. Case No. 298 of 2022.

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