Nitish Kumar @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19251 of 2021 Arising Out of PS. Case No.-414 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Nitish Kumar @ Nitesh Kumar Son Of Jai Chand Ray, resident of Village Alipur Mukund, PS Mahua, District Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-08-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

The petitioner is languishing in custody for the offences punishable under Sections 399/402 of the Indian Penal Code.

Submission is that the FIR of the occurrence of robbery is against unknown. Name of the petitioner surfaced in the extracted confession of co-accused Raja Babu, who has already been allowed bail by a coordinate Bench of this Court. The petitioner is in custody since 31.08.2020. The petitioner was never put on Test Identification Parade nor any incriminating article was recovered from his possession. Investigation of the case is already complete.

Patna High Court CR. MISC. No.19251 of 2021(2) dt.13-08-2021 2/2 Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mahua P.S. Case No.414 of 2020 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T