Patna High CourtCR. MISC./11745/2022bail granted

Nirdesh Kumar v. The State Of Bihar

2022-05-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11745 of 2022 Arising Out of PS. Case No.-20 Year-2021 Thana- NAGARNAUSA District- Nalanda ====================================================== NIRDESH KUMAR Son of Kameshwar Prasad Resident of Village - Sultanpur, P.s.- Hilsa, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 397 of the Indian Penal Code.

As per the prosecution case, on 12.02.2021 while the informant along with his family members were sleeping after taking meal at about 11 PM 6-7 miscreants entered into his house, assaulted them and looted cash, jewelry and other articles.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. No looted article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade though informant categorically stated that he could identify the

Patna High Court CR. MISC. No.11745 of 2022(2) dt.09-05-2022 2/2 accused persons if shown to him. Petitioner is in custody since 14.09.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda at Biharsharif in connection with Nagarnausa PS case No. 20/2021.

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