Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74890 of 2022 Arising Out of PS. Case No.-477 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== NAVIN KUMAR S/o Mr. Bhagirath Mahto R/v- Mahsar, P.S.- (Sirari O.P.), Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratik Mishra For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The allegation against the petitioner is that from his house, a stolen motorcycle has been recovered. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. He submitted that on the basis of confessional statement of coaccused Dhananjay Kumar, the name of the petitioner has come into light, which has got no evidentiary value in the eyes of law.

Patna High Court CR. MISC. No.74890 of 2022(3) dt.17-04-2023 2/2 He submitted that the alleged recovery has been made from the joint family house of the petitioner. It is also submitted that the provision of 100 Cr.P.C. has not been followed in this case. He has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 17.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in connection with Sheikhpura P.S. Case No. 477 of 2022.

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