Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18902 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== NITESH KUMAR Son of Jamindra Singh @ Jamindar Resident of village - Sahdullahpur, Police Station - Ganga Bridge, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case, on 21.09.2020 at 3.05 p.m. four unknown miscreants on the point of pistol looted Rs 19,35,550/- cash from the informant.

It is submitted on behalf of the petitioner that petitioner is neither named in the FIR nor looted cash has been recovered from the possession of the petitioner. His name transpires during course of investigation. It is further alleged that the money which was recovered from the possession of the petitioner is the

Patna High Court CR. MISC. No.18902 of 2021(2) dt.09-07-2021 2/3 money earned from sale of Banana of petitioner's family. There is neither description of looted money nor it has been put on T.I. Parade. Similarly situated co-accused Karan Raj @ Karn Raj has been granted bail by a coordinate bench of this court. Petitioner has got clean antecedent and is in custody since 12.10.2020.

Learned counsel for the State opposes the prayer for bail.

Considering the rival submissions and materials on record this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in Ganga Bridge P.S. Case no. 81/2020 on the following conditions.

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.18902 of 2021(2) dt.09-07-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T