Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26630 of 2024 Arising Out of PS. Case No.-263 Year-2023 Thana- CHANDRADIP District- Jamui ====================================================== Nitish Kumar Son of Sukhdeo Tanti Resident of Village- Sonkhar, P.S.- Chandradeep, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413 and 414 of the Indian Penal Code.

3. Prosecution case relates to recovery of stolen motorcycle along with mobile phone from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-6 of this petition that during the course of investigation in Chandradeep P.S. Case. No. 262 of 2023, one Sachin Kumar disclosed before the police that he along with other looted a

Patna High Court CR. MISC. No.26630 of 2024(2) dt.26-04-2024 2/2 motorcycle, a mobile phone and some cash. He further disclosed that after committing loot, he firstly disappeared the chasis number of the looted motorcycle and then sold it to this petitioner. Petitioner has no knowledge that the said motorcycle is stolen one. He has no concern with the alleged loot. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.12.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Chandradeep P.S. Case No. 263 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Jamui.

(Sunil Kumar Panwar, J) Shubham/- U T