Nikesh Kumar @ Nikku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5792 of 2023 Arising Out of PS. Case No.-304 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Nikesh Kumar @ Nikku Son of Chandr @ Charan Yadav @ Chander Yadav Resident of village - Kalotha, P.S.- Gwalpara, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav, Adv. with Mr. Manoj Kumar Manoj, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-01-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Madhepura P.S. Case No. 304 of 2020 lodged under Section 392 of the I.P.C.

Learned counsel for the petitioner submits that vide order dated 07.12.2022, bail application of the petitioner was rejected with a liberty that he may renew his prayer for bail after framing of charge. Counsel for petitioner submits that vide Annexure-3, charge has been framed against him in the present case.

Patna High Court CR. MISC. No.5792 of 2023(2) dt.25-01-2023 2/3 Learned counsel for the State submits that from Annexure-3, it transpires that charge has been framed in this case.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Madhepura in connection with Madhepura P.S. Case No. 304 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of

Patna High Court CR. MISC. No.5792 of 2023(2) dt.25-01-2023 3/3 this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U