Patna High CourtCR. MISC./13229/2018bail granted

Nishant Kumar v. The State Of Bihar

2018-04-12Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13229 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Nishant Kumar S/o Nawal Kishore Bhagat @ Nawal Kishore Singh, R/o Village- Bangara Banshidhar, P.S.- Kudhani, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 399, 402, 414/34 of Indian Penal Code and 25(1-b)a, 26,35 of the Arms Act. Counsel for the petitioner submits that though prior to the instant case the petitioner is accused in another case but in the said he is on bail. In the instant case one mobile phone is alleged to have been recovered from his possession. He submits that he was in bonafide possession of the said phone as it belongs to him. He further submits that the seizure list does not support the allegations made in the FIR and he is in custody since 12.01.2018. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees

Patna High Court Cr.Misc. No.13229 of 2018 (3) dt.12-04-2018 2/2 Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Kudhani P.S. Case No. 16 of 2018 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U