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2025 DAILYLAW 7831 (PAT)

Binay kumar v. The State of Bihar

CR. MISC./550/2025 · 2025-01-31

Anjani Kumar Sharan

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.550 of 2025 Arising Out of PS. Case No.-66 Year-2021 Thana- SHEIKHOPUR SARAI District- Sheikhpura ====================================================== Binay kumar Son of Rajendra Prasad Village- kringapur Ps -Manpur District -Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sabal Kumar Jha, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 31-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in a case registered for the offence punishable u/s 341, 365, 379 of the Indian Penal Code. 3. As per the prosecution case, a trailor carrying 700 bag Ultra Tech cement proceeded towards Bhagalpur from Daniyawan. On 03.04.2021 at about 05:00 hours, the informant had conversation with the driver of the vehicle, namely, Anil Singh. Thereafter, no trace of vehicle as well as the driver has been found. The informant anticipated that some untoward had happened with the driver and the goods loaded. 4. It is submitted by learned counsel for the petitioner that Patna High Court CR. MISC. No.550 of 2025(2) dt.31-01-2025 2/3 petitioner is quite innocent and has committed no offence. No such occurrence as alleged has even taken place. He has falsely been implicated in this case due to ulterior motive. All the allegations levelled against the petitioner are totally false and based on concocted facts. Nothing specific has been attributed against the petitioner. No incriminating article has been recovered from his conscious possession. During the course of investigation, the driver of the said truck, namely, Anil Singh has been apprehended by the police who has confessed his guilt and surfaced the name of the petitioner in the present case. There is nothing on record indicating the complicity of the petitioner barring the confessional statement of the apprehended co-accused which has no evidentiary value in the eye of law. Learned counsel further submits that the petitioner has no criminal antecedent and he has been languishing in custody since 14.11.2024. 5. Learned APP for the State opposes the prayer for bail. 6. Considering the facts and circumstances of the case, since there is no specific overt act against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Patna High Court CR. MISC. No.550 of 2025(2) dt.31-01-2025 3/3 learned court below where the case is pending/the Successor Court, in connection with Shekhopur Sarai P.S. Case No. 66 of 2021. divyanshi/- (Anjani Kumar Sharan, J) U T