Nikesh Kumar Jha @ Nikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36875 of 2018 Arising Out of PS.Case No. -286 Year- 2017 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Nikesh Kumar Jha @ Nikesh Kumar, S/o Babuan Jha @ Sutai Jha, R/vBaliya, P.S.- Benipatti, Dist- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has been in custody since 04.10.2017 in connection with Sadar P.S. Case No. 286 of 2017 registered for the offences punishable under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that he is not named in the First Information Report, but he has been implicated during the course of investigation of Simari P.S. Case No. 82 of 2017 in which the petitioner was arrested on mere suspicion and a confessional statement was recorded by himself in which it is alleged that he has confessed his involvement in the present case. Learned counsel for the petitioner further submits that though he has been remanded in

Patna High Court Cr.Misc. No.36875 of 2018 (2) dt.19-07-2018 2/3 connection with the present case, thereafter, neither he has been placed on T.I. Parade nor has there been any recovery from his possession.

Considering the period of custody and that the petitioner has one other criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Sessions Judge, Darbhanga in connection with Sadar P.S. Case No. 286 of 2017, subject to the following conditions:-

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and

Patna High Court Cr.Misc. No.36875 of 2018 (2) dt.19-07-2018 3/3 make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T