Patna High CourtCR. MISC./71841/2023allowed

Navin Yadav v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71841 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- KATORIYA District- Banka ====================================================== Navin Yadav Son Of Santu Yadav R/O Vill.- Kagisar, P.S.- Katoria, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420, 419, 422, 120B of the Indian Penal Code and Sections 66(b), 66(c) and 66(d) of the I.T. Act.

3. As per the prosecution case, several mobile phones, sim cards and laptops were recovered from the possession of the petitioner along with other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot from where the recovery has been made. Nothing has been recovered from his conscious possession. Co-

Patna High Court CR. MISC. No.71841 of 2023(2) dt.07-11-2023 2/2 accused persons who apprehended on spot have already been granted bail by another co-ordinate Bench of this Court vide order dated 20.07.2023 in Cr.Misc. No. 43093 of 2023. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 26.08.2023.

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

6. 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 Katoriya P.S. Case No. 178 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka.

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