Nand Kishore Kumar @ Natraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17341 of 2023 Arising Out of PS. Case No.-94 Year-2021 Thana- TATARPUR District- Bhagalpur ====================================================== Nand Kishore Kumar @ Natraj S/O Late Kranti Yadav Resident Of VillageNaya Tola Jorabganj, P.S- Kodha, Distt.- Katihar. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anup Kumar Pandey For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was returning from bank after withdrawal of money, motorcycle borne miscreants snatched his bag containing sum of Rs. 2,00,000/- and fled away. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.17341 of 2023(2) dt.16-05-2023 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The petitioner along with one Sudama @ Santosh Yadav was arrested merely on the basis of suspicion and on the basis of their self confessional statement, he has been implicated in the present case. Moreover, the petitioner is languishing in judicial custody since 24.08.2021. Similarly situated co-accused, namely, Sudama @ Sudama Yadav @ Santosh Yadav @ Vishal Yadav @ Karan Yadav has been granted bail by co-ordinate Bench of this Court, vide order dated 30.01.2023, passed in Cr. Misc. No. 42654 of 2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.17341 of 2023(2) dt.16-05-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Tatarpur P.S. Case No. 94 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VII, Bhagalpur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T