Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17213 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- DANIYAWAN District- Patna ====================================================== NITISH KUMAR Son of Late Shri Kant Prasad @ Shri Kant Singh Resident of Village - Varna, P.S.- Fatuha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Daniyawa P.S. Case No. 162 of 2018, registered for the offence punishable under Sections 25(1-b)a/26 of the Arms Act.

The allegation is regarding the police having apprehended three accused persons including the petitioner herein and as far as the co-accused person, namely, Dharmendra Kumar is concerned, one country made pistol and a live cartridge were recovered, however, no arms were recovered from the possession of the petitioner. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case.

Patna High Court CR. MISC. No.17213 of 2019(2) dt.02-04-2019 2/2 It is stated that though the petitioner is suspect in one other case, but he is on bail in the said case and apart from the said case, the petitioner is having a clean antecedent. The petitioner is stated to be languishing in custody since 4.12.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV Patna City in connection with Daniyawa P.S. Case No. 162 of 2018. (Mohit Kumar Shah, J) ajay gupta/- U T