Nitesh Kumar @ Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15476 of 2020 Arising Out of PS. Case No.-22 Year-2019 Thana- JADIA District- Supaul ====================================================== NITESH KUMAR @ NITISH KUMAR, aged about 20 years (Male), S/o Bijendra Yadav, R/o village- Raghunathpur, P.S.- Jadiya, District- Supaul. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Dinesh Choudhary, Advocate.
For the Opposite Party :
Mrs.Anita Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Section 392 of the IPC.
The prosecution story, in brief, is that on 04.02.2019 at 4.40 P.M., the informant was going from Jadia Bazar to the Village-Baghaili on his Motorcycle. When he reached at Bhikari Chowk, 200 yard west of Bhaigali, a black colour Motorcycle having three persons on it came and one person by his fit hit the Motorcycle of the informant, he fell down. Meanwhile, the accused fired in air and taken his Motorcycle having Rs. 35,000/- in Dicky and has also snatched Mobile in which two Sims bearing its nos. 9939598397 and 8051283722. It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.15476 of 2020(2) dt.03-03-2020 2/2 petitioner that the petitioner is languishing in custody since 10.02.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional statement of coaccused. The petitioner has not been put on T.I. Parade. There is no recovery from possession of the petitioner. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 45373 of 2019 under order dated 25.07.2019 annexed as Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, 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 A.C.J.M.- VI, Supaul, in connection with Jadia P.S. Case No. 22 of 2019. (Sudhir Singh, J) U.K./- U T