Nitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13520 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- BUDDHACOLONY District- Patna ====================================================== NITESH KUMAR Son of - Subodh Kumar Resident of Village- Amnagar Rampur, P.S.- Sahebganj, District- Muzaffarpur (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyanka Singh For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 07.08.2020 in connection with Buddha Colony P.S. Case No. 206/2020 registered for the offences punishable under Sections 406/417/418/419/420/465/466/467/468/469/471/120B of the Indian Penal Code.
As per the prosecution case, the police raided a flat and found the FIR named accused persons including the petitioner. It is further alleged that the petitioner along with coaccused persons were involved in cheating different innocent persons on the pretext of their admission in Medical and Engineering Colleges.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.13520 of 2021(2) dt.23-03-2021 2/3 petitioner has got no criminal antecedent. There is no substantial material against the petitioner regarding involvement in the act alleged. He is in custody since 07.08.2020. Investigation of the case is already complete. It is further submitted that co-accused has already been granted bail by this Hon'ble High Court vide order dated 01.03.2021 passed in Cr. Misc. No. 38603 of 2020. Having regard to the submissions made by the parties and taking into consideration the materials available on records and the fact that petitioner has remained in custody since 07.08.2020, I am inclined to grant bail to this petitioner after framing of charge.
Accordingly, let the petitioner, above named, be released on bail after framing of charge, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge, X, Patna, in connection with Buddha Colony P.S. Case No. 206/2020, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be
Patna High Court CR. MISC. No.13520 of 2021(2) dt.23-03-2021 3/3 cancelled by the Court below.
(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Saif/- U T