Nand Kishor Kumar @ Natraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5947 of 2023 Arising Out of PS. Case No.-319 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== NAND KISHOR KUMAR @ NATRAJ Son of Kanti Yadav R/V- Naya Tola Jurabganj, P.S- Kora, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kanchan Kumari, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-07-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Kotwali (Jogsar) P.S. Case No.319 of 2021 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 30.07.2022.

The allegation against the petitioner is to commit robbery along with other co-accused persons, while committing so, looted cash of Rs. 15,000/-, belongs to the informant. Learned counsel appearing on behalf of the petitioner submitted that petitioner remanded in this case, on the basis of self confession, while apprehended in Nawgachiya P.S. Case

Patna High Court CR. MISC. No.5947 of 2023(4) dt.13-07-2023 2/3 No. 264 of 2021, wherein, in furtherance of which, no incriminating material recovered/surfaced, during course of investigation, as to connect this petitioner, prima facie, with present occurrence of robbery. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it is submitted that petitioner found involved in 05 more criminal cases, where, he is on bail and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except suspicion, arises out of self confession, nothing incriminating materials recovered/surfaced, so as to connect this petitioner, prima facie, with present occurrence of robbery coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 30.07.2022, let the petitioner, above named, is directed to be released on bail in connection with Kotwali (Jogsar) P.S. Case No.319 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.5947 of 2023(4) dt.13-07-2023 3/3 satisfaction of learned A.C.J.M.-2nd, Bhagalpur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T