Patna High CourtCR. MISC./3327/2020bail granted

Nitish Kumar v. The State Of Bihar

2020-03-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3327 of 2020 Arising Out of PS. Case No.-325 Year-2019 Thana- KONCH District- Gaya ====================================================== Nitish Kumar Son of Narayan Yadav @ Narayan Singh Resident of VillageManiyar Bigha, P.S.- Konch and District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Konch P.S. Case No. 325 of 2019, registered for the offences punishable under Section 414 and 34 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Name of this petitioner has come in this case on the basis of confessional statement of co-accused Dharam Raj Kumar who was apprehended on the spot. Nothing has been recovered from conscious possession of this petitioner. Save and except the disclosure made by the co-accused, there is nothing against this petitioner. Petitioner is in custody since 11.11.2019 having clean

Patna High Court CR. MISC. No.3327 of 2020(3) dt.20-03-2020 2/2 antecedent.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Gaya in connection with Konch P.S. Case No. 325 of 2019, subject to the conditions:- (i) The 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 and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T