Nunu Kumar @ Nunu Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18483 of 2025 Arising Out of PS. Case No.-183 Year-2024 Thana- SAHAR District- Bhojpur ====================================================== Nunu Kumar @ Nunu Chaudhary Son of Rajendra Chaudhary Resident of Village- Baruhi, P.S.- Sahar in the District of Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-04-2025 Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sahar P.S. Case No. 183 of 2024, F.I.R. dated 01.10.2024 for the offences punishable under Sections 305 and 331(4) of the B.N.S.
3. According to prosecution case, the petitioner along with other co-accused person entered in the house of the informant and stolen the box, in which the informatn kept golden Juitiya, golden nose pin, silver anklet and some clothes.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.18483 of 2025(2) dt.23-04-2025 2/3 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. It appears from the F.I.R. itself that the name of the petitioner has been transpired on the basis of the disclosure made by the co-accused person, namely, Abhishek Kumar and except the aforesaid no other cogent material has come during the investigation, which suggests the involvement of the petitioner in the present occurrence.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts that the petitioner has clean antecedent and the name of the petitioner has been transpired on the basis of the disclosure made by the co-accused person, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Sahar P.S. Case No. 183 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other
Patna High Court CR. MISC. No.18483 of 2025(2) dt.23-04-2025 3/3 following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T