Nitish Kumar @ Neeteesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20334 of 2020 Arising Out of PS. Case No.-374 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== NITISH KUMAR @ NEETEESH KUMAR S/o Sadanand Yadav Resident of Village- Raibhir,P.S.- Shankarpur, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-07-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

The defects, as pointed out by the office, be ignored. Petitioner seeks bail in Madhepura (Bharrahi OP) P.S. Case No. 374 of 2019 registered for the offences punishable under Section 379 of the Indian Penal Code.

Petitioner is not named in the First information report. The perusal of impugned order goes to show that in course of investigation, some witnesses expressed their suspicion against this petitioner and, subsequently, petitioner was arrested and confessed his guilt. Moreover, nothing was recovered from possession of the petitioner. Except the aforesaid material as well as criminal antecedent against the petitioner, there appears to be nothing against him. Petitioner is in custody since 5.8.2019 and the

Patna High Court CR. MISC. No.20334 of 2020(2) dt.16-07-2020 2/2 investigation against him has already been completed. Considering the aforesaid facts and circumstances as well as submissions of the parties, Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhepura/concerned court in connection with Madhepura (Bharrahi OP) P.S. Case No. 374 of 2019.

(Hemant Kumar Srivastava, J) Spd/- U T