Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18034 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- PARBATTA District- Bhagalpur ====================================================== Nitish Kumar Son of Late Pawan Yadav Resident Of Village - Dhobiniya, P.S.- Naugachia, District - Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Parbatta P.S. Case No. 95 of 2022 registered for the offence under Section 392 of the Indian Penal Code.

3. The accused/petitioner is not named in the F.I.R. and is in custody since 19.10.2022.

4. The allegation against the petitioner is to commit robbery alongwith other unknown co-accused persons, and while committing so looted cash of Rs. 1,44,140/- belongs to informant.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of this petitioner surfaced during the course of investigation on the basis of confessional

Patna High Court CR. MISC. No.18034 of 2023(3) dt.07-08-2023 2/3 statement of co-accused Chandan Yadav and in furtherance thereof, no incriminating material recovered/surfaced as to connect petitioner, prima facie, with present occurrence of robbery. It is further submitted that said co-accused Chandan Yadav has already granted bail by one of the learned Coordinate Bench of this Court through Cr. Misc. No. 28165 of 2023 vide order dated 24.05.2023. It is also submitted that petitoner was not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases, where he is on bail and moreover, investigation of this case has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above, and by taking note of the fact as save and except confessional statement of co-accused Chandan Yadav, nothing incriminating recovered to connect petitioner, prima facie, with present occurrence of robbery, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 19.10.2022, accordingly, above named petitioner is directed to be released on bail in connection with Parbatta P.S.

Patna High Court CR. MISC. No.18034 of 2023(3) dt.07-08-2023 3/3 Case No. 95 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Naugachia, District- Bhagalpur/ concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T