Nitesh Kumar Singh @ Nitish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42216 of 2017 Arising Out of PS.Case No. -235 Year- 2015 Thana -RANIGANJ District- ARRARIA ======================================================
1. Nitesh Kumar Singh @ Nitish Kumar Singh, Son of Nand Kishor Singh, resident of Village- Tamghati, Police Station- Bousi, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Raniganj P.S. Case No. 235/2015 for offences punishable under Section 392 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he was going to his sasural in his motorcycle on the way two motorcycle borne four miscreants stopped and snatched his motorcycle.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and not named in the First Information Report. He submits that nothing
Patna High Court Cr.Misc. No.42216 of 2017 (2) dt.21-09-2017 2/3 has been recovered from the his conscious possession and on the basis of confessional statement of co-accused Nitesh Kumar Singh, son of Bhola Singh his name surfaced. He further submits that the said co-accused Nitesh Kumar Singh has been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 15038 of 2016 on 18.05.2016 and that he is languishing in custody since 13.07.2017. It is submitted that charge-sheet has been submitted as stated by the petitioner in paragraph 13 of the application.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No. 235/2015, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at
Patna High Court Cr.Misc. No.42216 of 2017 (2) dt.21-09-2017 3/3 liberty to move the learned court below for cancellation of his bail bonds.
(Nilu Agrawal, J) Rajesh/- U T