Nitish Kumar @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12218 of 2023 Arising Out of PS. Case No.-155 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== NITISH KUMAR @ MANISH KUMAR S/O ASHOK KUMAR RAY Resident of village- Ayodhyabari, P.S.- Muffasil, (Lakho O.P.), DistrictBegusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.
As per allegation in the FIR, some unknown miscreants broken the glass of the informant's vehicle and got him down and assaulted him. They snatched the key of the vehicle and mobile and thereafter fled away with his vehicle. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been
Patna High Court CR. MISC. No.12218 of 2023(4) dt.05-07-2023 2/2 recovered from his conscious possession. The said vehicle has been recovered from co-accused Devan Kumar and Vivek Kuamr from whose statements, name of the petitioner has been surfaced in this case. Petitioner is languishing in judicial custody since 3.09.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Begusarai in connection with Town P.S. Case No. 155 of 2021. (Sunil Kumar Panwar, J) sushma/- U