Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15418 of 2022 Arising Out of PS. Case No.-197 Year-2021 Thana- DHARHARA District- Munger ====================================================== Nitish Kumar S/O Prakash Mandal Resident Of Village- Matadih, P.S.- Dharhara, District- Munger.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Patel, Advocate For the Opposite Party/s :

Mr. Bharat Lal, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The prosecution case in short is that the informant's son went to godown on 14.10.2021 at 9.30 pm, where he was used to sleep. The informant learnt that his son was murdered soon after he reached at the godown and saw his son lying dead. Further alleged that his son has dispute with Vikas Tanti with

Patna High Court CR. MISC. No.15418 of 2022(2) dt.18-08-2022 2/3 respect to money transaction and further alleged that due to that reason Vikash Tanti has killed his son with the help of his unknown friends.

Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is not named in the First Information Report. It is further submitted that the petitioner has been made accused in this case only on the basis of confessional statement of Vikash Tanti. No any incriminating articles have been recovered from the possession of the petitioner. It is also submitted that during the entire investigation, no legal or cogent material came against the petitioner save and except confessional statement of the co-accused Vikash Tanti, no other witness has seen the occurrence. The petitioner is in custody since 17.10.2021 is a person with clean antecedent and chargesheet has been submitted in the case. Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.15418 of 2022(2) dt.18-08-2022 3/3 learned Judicial Mgistrate -1 Munger in connection with Dharhara P.S. Case No. 197 of 2021.

(Khatim Reza, J) shanu/- U T