Patna High CourtCR. MISC./5948/2023bail granted

Nitish Kumar v. The State Of Bihar

2023-05-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5948 of 2023 Arising Out of PS. Case No.-437 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== NITISH KUMAR Son of Rabindra Ray R/v- Champapur, (Dedaur), P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Bakhtiyarpur P.S. Case No. 437 of 2022, registered for the offences punishable under Sections 25 (I-B) A/26 of the Arms Act.

As per allegation, having seen the police party, the petitioner began to flee away, but was apprehended, after a little chase. A country-made loaded pistol was recovered from his possession.

The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. He is under custody since 07.09.2022.

Patna High Court CR. MISC. No.5948 of 2023(2) dt.05-05-2023 2/2 Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Barh (Patna) in connection with Bakhtiyarpur P.S. Case No. 437 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) The petitioner shall remain present physically on each and every date before the court below till framing of the charges.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T