Nehal Kumar @ Nihal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23427 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -ARWAL District- JEHANABAD ====================================================== Nehal Kumar @ Nihal Kumar, Son of Late Dharam Yadav, Resident of Village-Naya Tola, Jurabganj, P.S.-Kordha, District-Katihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uma Shankar Prasad Singh For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Arwal P.S. Case No. 97 of 2016, registered under Section 414/34 of the Indian Penal Code.

The accusation is that on receiving secret information about presence of two miscreants with motorcycle in the State Bank of India, Arwal. The Police reached there then saw that one person was present there with the motorcycle and other person also come out from bank campus. Thereafter, both were apprehended, who disclosed their name Mantu Kumar @ Saras Kumar and Nehal Kumar (Petitioner). On search, one motorcycle bearing registration No. BR-06CP-3298 was recovered, but no paper regarding ownership of the

Patna High Court Cr.Misc. No.23427 of 2017 (2) dt.18-05-2017 2/2 said vehicle was produced by them. On search, the petitioner was found in possession of one mobile set, whereas one bunch of key was found in possession of Mantu Kumar.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion. Further submission is that while petitioner is accused in seven cases, as detailed in para-03 of the petition, but all the cases were instituted against unknown, the petitioner is on bail in all the cases. Further submission is that petitioner is in custody since 02.06.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 97 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and also to the effect that he will furnish the address of the petitioner in case of change of address.

(Rajendra Kumar Mishra, J) manish/- U T