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Patna High CourtCR. MISC./29883/2021allowed

Nand Kishore @ Nand Kishore Kumar @ Nanki v. The State Of Bihar

2021-09-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29883 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- SAMSTIPUR RPF/POST DistrictSamastipur ====================================================== Nand Kishore @ Nand Kishore Kumar @ Nanki, aged about 20 years, Male, Son of Ashok Mahto, Resident of Mohalla- Bahadurpur Petrol Pump Ward No. -27, P.S.- Town, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Praveen, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 3 of RP(UP) Act, 1966, Amendment Act, 2012 and under Section 147 of the Railways Act. The prosecution case in brief is that on 21.02.2021 the informant alongwith some constables were patrolling at Samastipur Railway Station. At about 19:10 o'clock they saw that two persons were carrying electric cable with them. The police

Patna High Court CR. MISC. No.29883 of 2021(2) dt.03-09-2021 2/2 asked them to stop but they tried to flee away. The police party chased them and one of them namely Nand Kishore Kumar @ Nanki, the petitioner,was apprehended with electric cable. On search 45 meter of 35 m.m. aluminium cable and 18 meter of 06 m.m. cable was recovered from possession of the petitioner. Learned counsel for the petitioner submits that the person who fled away has been granted bail by the learned court below itself. The petitioner is in custody since 22.02.2021 and he has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that petitioner is a student of B.A. Part-I. Admit Card of the petitioner for B.A. Part-I examination has been issued by the University. The examination is going to start from 09.09.2021.

Considering the facts and circumstances aforesaid, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with RPF/Post/Samastipur Case No.02/2021. (Anjani Kumar Sharan, J) S.KUMAR/- U T