Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13160 of 2019 Arising Out of PS. Case No.-19 Year-2018 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== NITISH KUMAR Son of Rama Nand Pandit R/o village- Musechak, P.S.- S. Kamal, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is permitted to make necessary correction in paragraph 11 of the main application in course of the day.

The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code. Prosecution case, in short, is that that while the informant was going to bank, accused persons took away his bag containing cash amount and fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.1.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of

Patna High Court CR. MISC. No.13160 of 2019(2) dt.18-04-2019 2/2 witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no recovery of any incriminating articles from the possession of the petitioner. Other co-accused has been granted bail vide Annexures- 2 and 3 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned A.C.J.M. 5th, Begusarai in connection with Sahebpur Kamal P.S. Case No. 19/2018.

(Sudhir Singh, J) Pankaj/- U T