Nand Kishore Pandit @ Nand Kishor Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15781 of 2024 Arising Out of PS. Case No.-1513 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Nand Kishore Pandit @ Nand Kishor Pandit Son of Bhutta Pandit Resident of Village- Hajipur Basant, P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ahiyapur P.S. case No. 1513 of 2023 instituted for the offences under Section 379 of the Indian Penal Code.

3. Prosecution case, in short, is that the motorcycle of the petitioner was stolen by some unknown person.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Mithu Kumar. Learned counsel further submitted that the co-accused Sonu Kumar in his confessional statement

Patna High Court CR. MISC. No.15781 of 2024(2) dt.12-03-2024 2/2 has stated that he has sold the said motorcycle to one Sonu Pandit (son of the petitioner). Learned counsel further submitted that the petitioner has got no concern with the stolen motorcycle. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.11.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Ahiyapur P.S. case No. 1513 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T