Nishant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38086 of 2018 Arising Out of PS.Case No. -178 Year- 2018 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Nishant Kumar Singh, Son of Late Sanjay Singh, resident of MohallaBangali Tola, Police Station- Laheria Sarai, District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 10.04.2018 in connection with Laheriasarai P.S. Case No. 178 of 2018 for offences punishable under Sections 353, 393, 411, 414, 413 and 401 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that on secret information that some criminals have assembled to commit crime, a raid was conducted and while two miscreants managed to flee away two were apprehended including the petitioner with motorcycle without number plate. It is alleged that petitioner and other

Patna High Court Cr.Misc. No.38086 of 2018 (2) dt.05-07-2018 2/3 accused were active gang of stealing motorcycles. It has been submitted by the learned counsel for the petitioner that he is innocent and because of village rivalry, he has been implicated in the present case on the basis of mere suspicion. He submits that he undertakes to cooperate in the investigation and not to tamper with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a habitual offender and as many as four cases of similar nature are pending against him.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on completion of six months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 178 of 2018, subject to the conditions that: (1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who

Patna High Court Cr.Misc. No.38086 of 2018 (2) dt.05-07-2018 3/3 will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T