Nitesh Kumar @ Raushan Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53997 of 2017 Arising Out of PS.Case No. -450 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Nitesh Kumar @ Raushan Raj Son of Amir Kumar Paswan Resident of Village- Maranchi Gandhi Tola, P.S. Maranchi , District- Patna, Present Adrress C/o Ram Swarup Paswan, At Pokharia, Ward No. 37, P.S. Begusarai Town, District- Begusarai. .... .... Petitioner.

Versus

The State of Bihar. .... .... Opposite Party. ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Begusarai Town P.S. Case No. 450 of 2017 registered under Section 379, 413 & 414 of the Indian Penal Code.

As per the prosecution case, co-accused Golu Kumar is said to have been apprehended with a stolen motorcycle who named other accused persons in the occurrence and on his confessional statement several motorcycles were recovered at several places and the petitioner was also apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession rather the motorcycles were recovered at the Balia Railway Station, Begusarai Railway

Patna High Court Cr.Misc. No.53997 of 2017 (02) dt.13-11-2017 2/ 2 Station, Hathidah Railway Station and Bishnu Chowk near IDBI Bank, Begusarai. There is nothing on record indicating the complicity of the petitioner in the occurrence barring the confessional statements of Golu Kumar, Jyoti Kumar, Shubham Kumar & Sanni Kumar, which has no evidentiary value in the eye of law. Shubham Kumar and Ritik Kumar have already been enlarged on bail by the Juvenile Justice Board, Begusarai. The petitioner has been languishing in custody since 22.08.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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, Begusarai in connection with Begusarai Town P.S. Case No.450 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T