Nawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81255 of 2023 Arising Out of PS. Case No.-458 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Nawal Kumar S/O Late Jibachh Chaudhary @ Jivash Chaudhary VillageJhapaha,Ps. Ahiyapur, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tajpur (Waini O.P.) P.S. Case No. 458 of 2023 instituted for the offences under Sections 457 and 380 of the Indian Penal Code.

3. As per allegation made in the F.I.R., some unknown thief has committed theft of 107 bags of wheat from the godown of the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and in course of investigation, the police has arrested the petitioner without any evidence only on the basis of his mobile number as the petitioner and the co-accused/Raja are the co-villagers and

Patna High Court CR. MISC. No.81255 of 2023(2) dt.22-12-2023 2/2 they used to talk with each other on mobile. Learned counsel for the petitioner submits that the seized 28 Kgs. of wheat belong to the petitioner as the petitioner had purchased the same for consumption. In fact, nothing incriminating has been recovered from the house of the petitioner or from his conscious possession. He further submits that the petitioner has clean antecedent but, after the case, he has been remanded in K.Nagar (Maranga) P.S. Case No. 494 of 2023 in which he has been made accused. The petitioner is in custody since 07.09.2023. Charge-sheet has been submitted in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case as also taking into account the nature of accusation and the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tajpur (Waini O.P.) P.S. Case No. 458 of 2023. (Rudra Prakash Mishra, J) rishi/- U T