Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68442 of 2022 Arising Out of PS. Case No.-364 Year-2021 Thana- BALIYA District- Begusarai ====================================================== NAVEEN KUMAR Son of Arun Singh Resident of Village - Nagargama, P.S.- Ballia, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 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 sections 394/34 of IPC and later on charge sheet has bee submitted u/s 395/397 of the Indian Penal Code.

The prosecution story, in brief, is that while the informant along with his friend was returning his home after closing his shop, in the meantime, some unknown miscreants intercepted them and snatched 15,000/- and mobile from the informant and 2000/- cash from his friend.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case merely on suspicion. Neither the

Patna High Court CR. MISC. No.68442 of 2022(2) dt.22-03-2023 2/2 petitioner was put on TI Parade nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has transpired in the alleged offece on the confession made by co-accused Amit Kumar, which is inadmissible in the eye of law. It is further submitted that good sense has been prevailed between the parties which shows from Annexure-3 of the petition. Moreover, the petitioner is languishing in judicial custody since 24.12.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ballia P.S. Case No. 364 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T