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Patna High CourtCR. MISC./76789/2023allowed

Navin Kumar v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76789 of 2023 Arising Out of PS. Case No.-565 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Navin Kumar Son Of Devlal Yadav @ Devlal Kumar R/O Vill - Sagarpur, P.S. - Mohanpur, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 414, 34 of the Indian Penal Code.

It is alleged that petitioner was apprehended from the house of co-accused Ramashish Yadav and from the house of Ramashish Yadav, two stolen motorcycles were recovered.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.76789 of 2023(2) dt.04-12-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner works as Care-taker-cum-Clerk of the poultry firm of co-accused Ramashish Yadav and he has got no concern with the alleged recovery of stolen motorcycle. Out of two seized motorcycle, one motorcycle is registered in the name of co-accused Ramashish Yadav. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 13.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.76789 of 2023(2) dt.04-12-2023 3/3 Judicial Magistrate-II, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 565 of 2023.

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