Patna High CourtCR. MISC./72795/2024bail granted

Nitesh Kumar v. The State Of Bihar

2025-03-03Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72795 of 2024 Arising Out of PS. Case No.-377 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Nitesh kumar S/O Narayan paswan @Nagaryan Paswan R/O, Vill. - Bansghat , P.S.- Chakiya , Distt. -East champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sahebganj P.S. Case No. 377 of 2024 dated 18.07.2024 registered for the offences punishable under Sections 316(2), 318(4), 303(2), 134 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant works as a Salesman in Ajay Auto Agency. On 17.07.2024 at about 1:30 P.M., the informant went to Sahebganj to deliver 48 pieces of motor pump of Keol Company loaded in the Auto bearing Registration No. BR06GF8165. After reaching, the informant was asked to come to the warehouse located at Balthi Canal, in

Patna High Court CR. MISC. No.72795 of 2024(3) dt.03-03-2025 2/3 the meantime, three miscreants were sitting on the motorcycles started assaulting the informant and snatched his mobile, later the informant did not found the said Auto which was loaded with goods.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has transpired in this case merely on suspicion. No TIP has been conducted by the prosecution. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.72795 of 2024(3) dt.03-03-2025 3/3 concerned, Muzaffarpur in connection with Sahebganj P.S. Case No. 377 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T