Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21558 of 2023 Arising Out of PS. Case No.-206 Year-2019 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== NITISH KUMAR Son of Manmohan Rai R/V- Hilalpur, PS- Industrial Area, Dist- Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Industrial Area P.S. Case No. 206/2019 registered for the offences punishable under Sections 392 of the Indian Penal Code. He has two criminal antecedents as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that while was going to Hazipur by his Scooty and reached near Rehan Eye Hospital, four persons with two motorcycles came there and snatched his bag containing Aadhar Card, PAN Card etc. as also Rs. 1500/- cash and fled away. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that the name of the petitioner has transpired in

Patna High Court CR. MISC. No.21558 of 2023(2) dt.24-06-2023 2/3 the statement of the apprehended accused in police custody. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is submitted that the name of the petitioner has transpired in the statement of the apprehended accused in police custody and it is a case of false implication, this Court, therefore, directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 206/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Patna High Court CR. MISC. No.21558 of 2023(2) dt.24-06-2023 3/3 And further condition that within two weeks from today the petitioner shall appear before the Investigating Officer of the case and cooperate in course of investigation. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T