Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19027 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- PARSABAZAR District- Patna ====================================================== NISHANT KUMAR Son of Shri Arvind Kumar, Resident of Village- Sai, Police Station- Dhanaruah, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Parsa Bazar P.S. Case No. 262 of 2018 for the offences punishable under Section 392 of the Indian Penal Code. The allegation is regarding unknown miscreants having arrived at a petrol pump and thereafter they had filled petrol in the motorcycle and instead of making payment of the said petrol, they had snatched a sum of Rs. 35,000/- approximately from the hand of the informant. The learned Senior counsel appearing for the petitioner submits that the petitioner has been falsely implicated in the present case merely on confessional statement made by a co-accused and there is no material on record to connect the petitioner in the alleged crime. It is further submitted that

Patna High Court CR. MISC. No. 19027 of 2019(2) dt.04-04-2019 2/2 though the petitioner is an accused in three other cases, but he is on bail in the said three cases. It is further submitted that the petitioner is ready to abide by such condition as this Court may deem fit and proper to impose for the purposes of grant of bail to the petitioner. It is further submitted that the petitioner is languishing in custody since 27.08.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-1st Class, Patna in connection with Parsa Bazar P.S. Case No. 262 of 2018 giving rise to G.R. No. 5749 of 2018.

It is further directed that the petitioner would mark his presence before the Officer Incharge of the concerned Police Station at 10 A.M. on each and every Monday of the week and on account of his failure on two consecutive occasions to mark his attendance, the present privilege of regular bail shall stand cancelled automatically.

Tiwary/- (Mohit Kumar Shah, J) U