Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17483 of 2024 Arising Out of PS. Case No.-58 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Nitish Kumar, aged about 22 years, Male, S/o Ramswarup Paswan R/o vill - Kamaldah, P.S. - Paraiya, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody registered for the offence under Section 392 of the Indian Penal Code.
3. As per allegation in the FIR, it is a case of snatching of a motorcycle.
4. Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case merely on suspicion due to antecedent. He next submits that no looted article has been recovered from the possession of the petitioner and also submits that there is no progress of the trial in near future. Petitioner is in custody since 23.03.2022.
5. Learned APP appearing for the State, opposes the
Patna High Court CR. MISC. No.17483 of 2024(2) dt.21-03-2024 2/2 prayer for bail of the petitioner.
6.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Sherghati (Dobhi) P.S. Case No.58 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Ist, Class, Sherghati, Gaya.
7.
The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the trial and if the petitioner is absent for two consecutive dates without any cogent reason, the bail bonds shall be cancelled by the learned trial Court.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T