Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21652 of 2021 Arising Out of PS. Case No.-383 Year-2020 Thana- DESARI District- Vaishali ====================================================== NITISH KUMAR, SON OF DINESH RAY, R/O VILLAGE- DHARAMPUR RAM RAI, P.S.- DESARI (CHANDPURA O.P.), DISTRICT- VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwari No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on a raid being conducted while arms were recovered from other accused persons, it is stated that a sickle was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He is in custody since 31.12.2020 and has no criminal antecedent. Chargesheet has been submitted in the

Patna High Court CR. MISC. No.21652 of 2021(2) dt.24-09-2021 2/2 case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for more than 8 months, the petitioner is directed to be enlarged on bail in connection with Desari (Sahdei O.P.) P.S. Case no. 383 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge XVI-cumACJM XV, Vaishali at Hajipur. (Partha Sarthy, J) Spd/- U T