Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18940 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== Nitish Kumar S/O Madan Sah Resident Of Village- Udakishanganj, P.S.- Udakishanganj, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 379, 411 of the Indian Penal Code.

It is alleged against the petitioner that he took out the motorcycle of the informant but on chase he was apprehended with the motorcycle of the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner belongs to Madhepura District and on the

Patna High Court CR. MISC. No.18940 of 2023(2) dt.17-05-2023 2/2 alleged date of occurrence, he went to Bhawanipur for his personal work in the meantime, the petitioner met with an accident with the motorcycle of the informant which was driven by him and sustained some injuries and when petitioner protested, the informant being local along with his associates dragged the petitioner in this case. The petitioner is languishing in custody since 14.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No. 173 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T