Patna High CourtCR. MISC./78382/2023allowed

Prahalad Kumar v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78382 of 2023 Arising Out of PS. Case No.-285 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== PRAHALAD KUMAR SON OF JAYDEO MANDAL R/O VILLAGE- CHAI TOLA, LAXMIPUR LALCHAND, P.S.- BIHARIGANJ, DISTRICTMADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414, 413, 401/34 of the Indian Penal Code and Section 25(9) of the Arms Act.

3. The allegation against the petitioner is that from his possession a stolen mobile phone has been recovered.

4. 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. Petitioner has no concern with the seized mobile. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. No incriminating article has been

Patna High Court CR. MISC. No.78382 of 2023(2) dt.06-12-2023 2/2 recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 19.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 1st Additional Chief Judicial Magistrate, Nauachia, Bhagalpur in connection with Naugachia P.S. Case No. 285 of 2023.

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