Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4719 of 2024 Arising Out of PS. Case No.-866 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== NITISH KUMAR SON OF SHIVRANJAN SINGH @ PINTU SINGH @ CHINTU SINGH RESIDENT OF VILLAGE - KOBIL, P.S. - ISLAMPUR, DISTRICT - NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sherghati (Dobhi) P.S. Case no.866 of 2023 registered under section 394 of the Indian Penal Code.

3. As per the prosecution case, three unknown accused persons are said to have looted Rs.13,000/ from the petrol pump on the point of firearm.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. Referring to the order of the learned trial Court as also the contents of the petition, it is submitted that the prosecution is mainly relying on the confessional statement of the petitioner made before police and

Patna High Court CR. MISC. No.4719 of 2024(2) dt.07-02-2024 2/2 his antecedents. No incriminating article has been recovered from the possession of the petitioner and inspite of the petitioner being taken in custody on 25.9.2023, chargesheet has been submitted in the case without putting the petitioner on T.I. parade.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the submissions made by learned counsel for the petitioner, no incriminating article having been recovered from the petitioner's possession and chargesheet having been submitted in the case without putting him on T.I. parade inspite of being in custody for more than 4 months since 25.9.2023, the Court directs the petitioner to be enlarged on bail in connection with Sherghati (Dobhi) P.S. Case no.866 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Sherghati, District Gaya.

(Partha Sarthy, J) Saurabh/- U T