Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26919 of 2021 Arising Out of PS. Case No.-367 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== NITISH KUMAR S/O RASHUNATH RAI R/o village- Baranti, P.S.- Rajapakar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-09-2021 Let the defects be removed within four weeks. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 392 of the Indian Penal Code. The F.I.R. of the occurrence of robbery is against unknown. Name of the petitioner surfaced in the confessional statement of co-accused.

Submission is that nothing was recovered from possession of the petitioner nor the petitioner was put on T.I. parade during investigation of the case. Petitioner is victim of police atrocity due to his criminal antecedent. Since there is no direct material against the petitioner for his further detention as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.26919 of 2021(2) dt.27-09-2021 2/2 Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bidupur P.S. Case No. 367 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T