Nitesh Kumar @ Nitesh Kumar Yadav @ Nitish Kumar @ Nitish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27351 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -TATARPUR District- BHAGALPUR ====================================================== Nitesh Kumar @ Nitesh Kumar Yadav @ Nitish Kumar @ Nitish Kumar Yadav S/o Wakil Yadav Resident of village - Daspur, P.S. Sajour, District Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 23.01.2016 in connection with Tatarpur P.S. Case No. 14 of 2016 for the offences alleged under Sections 399, 402, 412 of the Indian Penal Code and Sections 25(1-b), 26 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as he merely happened to be travelling on the Scorpio vehicle being a public carrier. No arms or ammunition whatsoever have been recovered from the conscious possession of the petitioner and recovery of firearms has been made from the possession of co-accused Vishal Kumar, Prabhu Kumar and Deepak Kumar who had also been travelling on the vehicle in question.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.27351 of 2016 (2) dt.18-07-2016 2/2 satisfaction of learned Additional Chief Judicial Magistrate VII, Bhagalpur in connection with Tatarpur P.S. Case No. 14 of 2016, G.R. No. 265/2016.

(Vikash Jain, J) B.T/- U T