Nikhil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11204 of 2025 Arising Out of PS. Case No.-436 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Nikhil Kumar S/o Sahendra Singh @ Shhendr Singh R/o Village- Nakain, PSBarun, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr. Vinod Shanker Modi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Aurangabad Town P.S. Case No. 436 of 2024, registered for the offences under Section 379 of the Indian Penal Code.
3. As per the prosecution case, the motorcycle of the informant was stolen from parking lot of the Civil Court and the name of the petitioner transpired during investigation as the thief who took away the motorcycle.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The name of the petitioner
Patna High Court CR. MISC. No.11204 of 2025(2) dt.06-03-2025 2/3 transpired during investigation in confessional statement of coaccused Deepak Kumar and except for the confessional statement there is no other material on the record to connect the petitioner with the offences as alleged. Learned senior counsel submits that though the motorcycle is said to be recovered from the house of the petitioner, it is a joint house. The petitioner is in custody since 20.11.2024 and he has four criminal antecedents. Charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that the petitioner is having antecedent of four cases.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad/concerned court, in connection with Aurangabad Town P.S. Case No. 436 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close
Patna High Court CR. MISC. No.11204 of 2025(2) dt.06-03-2025 3/3 relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T