Patna High CourtCR. MISC./81985/2024bail granted

Naved Raja v. The State Of Bihar

2024-11-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81985 of 2024 Arising Out of PS. Case No.-277 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Naved Raja S/o Navil Ahmad R/o Village- Nautanwa, Police stationShikarpur, District- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lauriya P.S. Case No. 277 of 2024, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, when the informant was going with his goods, he was accosted with four unknown miscreants who have looted his 42 bags of Pan Masala which was loaded in the truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.81985 of 2024(2) dt.22-11-2024 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement made by co-accused Sheikh Guddu and the same has got no evidentiary value. The petitioner was neither caught on the spot nor there was any eye witness about the occurrence. No recovery of looted articles have been made from the possession of the petitioner. The petitioner is in custody since 02.09.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 18.11.2024 passed in Cr. Misc. No. 79886 of 2024.

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

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.81985 of 2024(2) dt.22-11-2024 3/3 below/concerned Court in connection with Lauriya P.S. Case No. 277 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T