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Patna High CourtCR. MISC./10334/2023allowed

Nikhil Kumar @ Nikhil Thakur v. The State Of Bihar

2023-04-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10334 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Nikhil Kumar @ Nikhil Thakur Son Of Ajay Thakur R/V- Birampur P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 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 sections 394, 120B of the Indian Penal Code.

As per prosecution case, informant alleged that on 07.03.2022, some unknown persons entered the bank and looted total cash of Rs. 12,96,469/- after that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Neither petitioner is named in the FIR nor any

Patna High Court CR. MISC. No.10334 of 2023(2) dt.18-04-2023 2/3 looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 22.12.2022 passed in Cr. Misc. No. 46550 of 2022. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 15.03.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udwant Nagar P.S. Case No. 106 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara.

(Sunil Kumar Panwar, J) Manish/- U T

Patna High Court CR. MISC. No.10334 of 2023(2) dt.18-04-2023 3/3