Patna High CourtCR. MISC./71994/2024bail rejected

Narad Pal @ Nitish Pal v. The State Of Bihar

2024-10-03Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71994 of 2024 Arising Out of PS. Case No.-616 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Narad Pal @ Nitish Pal Son of Mithali Pal Village- Parmalpur PSBhagwanpur District- Kaimur (Bhabua) ... ... 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. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2. The present Criminal Miscellaneous Application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the "BNSS". The petitioner seeks regular bail in connection with Bhabua P.S. Case No.616 of 2024, lodged on 07.08.2024, under Sections 318(4), 319(2), 338, 336(3), 340(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023.

4. As per the prosecution, upon information raid had been conducted by the police in the Jan Nayak Karpuri Thakur Hostel and found certain persons, who were involved

Patna High Court CR. MISC. No.71994 of 2024(2) dt.03-10-2024 2/3 in paper leak/setting for the examination of recruitment of constable, and co-accused Pintu Pal was arrested. The deal was done from the aspirants for rupees 8-9 lakh each candidate.

5. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the antecedent of the petitioner is clean and he is in custody since 08.08.2024. He further submits that there is no direct allegation against the petitioner. The only thing against him is that he was in association with one Pintu Pal, who was the kingpin in setting. Counsel submits that the petitioner is aged about 30 years. He is ready to fulfill all the conditions whatsoever shall be imposed.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the mobile which was used in commission of the crime has been recovered from the petitioner's possession, therefore, it cannot be said that he was not involved in commission of the said crime. He further submits that the forged document and the materials, i.e., forged admit-card and I-Card, recovered from the seized mobile.

7. In this view of the matter, this Court is not

Patna High Court CR. MISC. No.71994 of 2024(2) dt.03-10-2024 3/3 inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected. However, liberty is granted to the petitioner that he may renew his prayer for bail four months after framing of the charge.

(Dr. Anshuman, J) Mkr./- U T