Niksan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18905 of 2023 Arising Out of PS. Case No.-36 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Niksan Kumar Son Of Late Sindhu Yadav @ Siddu Yadav R/O Village And P.S.- Salkhua, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

The prosecution story, in brief, is that while the informant was going to Saharsa by his motorcycle bearing Reg. no. BR34L-4166, meanwhile four unknown miscreants overtook him and snatched his motorcycle as well as Cash of Rs. 1,25,000/-. it is further alleged that the accused persons also assaulted him and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been

Patna High Court CR. MISC. No.18905 of 2023(2) dt.19-05-2023 2/2 implicated in this case on the basis of suspicion. Neither the petitioner was put on TI Parade nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has been transpired in this case on the basis of confession made by co-accused namely, Sanjeet Kumar in course of investigation. It is further submitted that the petitioner is languishing in judicial custody since 26.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got five criminal antecedents.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Beldaur P.S. Case No. 389 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Khagaria.

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