Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11535 of 2022 Arising Out of PS. Case No.-26 Year-2021 Thana- KANKARBAG District- Patna ====================================================== NITISH KUMAR SON OF RAMVILAS MAHTO RESIDENT OF VILLAGE- AGAUN, P.S.- BHAGWANPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Sections 399, 400, 402, 412 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. On a secret information that some miscreants have assembled and planning to commit dacoity, a raid was conducted and four persons were apprehended with arms and ammunition. From possession of this petitioner, one pistol loaded with four live cartridges and three live cartridges from his pocket were recovered.

It is submitted on behalf of petitioner that no incriminating article has been recovered from the petitioner and he has falsely been implicated in this case by the police. Petitioner is in custody since 09.01.2021.

Patna High Court CR. MISC. No.11535 of 2022(2) dt.29-04-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna / concerned court in connection with Kankarbagh P.S. Case No. 26 of 2021.

(Prabhat Kumar Singh, J) anay/- U T