Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19805 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- NAWADA District- Nawada ====================================================== 1.

NITISH KUMAR, aged about 19 years, (M) Son of Sri Ajay Kumar Resident of Village-Lakhmohana, P.S.-Akbarpur, District-Nawada. 2.

Sanjeev Kumar, aged about 20 years, (M) Son of Sri Ravindra Singh Resident of Village-Lakhmohana, P.S.-Akbarpur, District-Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the parties.

Petitioners, who is in custody, seek bail registered for the offences punishable under Sections 356, 379, 354(A), 325 and 34 of the Indian Penal Code.

Informant is a victim lady has alleged in written complaint that on 28.01.2019 at about 5:00 P.M. after completing her duty she was going to Shiv Nagar Gonama and when she reached near Mahavir Auto Service two miscreants (petitioners) tried to snatch her mobile and also misbehave with her and on alarm being raised by her local people assembled there and caught them and thereafter they were handed over to

Patna High Court CR. MISC. No.19805 of 2019(2) dt.03-04-2019 2/3 the police.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. They are in custody since 28.01.2019.

Considering the allegation against petitioners of snatching and misbehaving with informant who is a working lady, I am not inclined to enlarge the petitioners on bail at this stage. Hence, the prayer for bail of the petitioners is hereby rejected.

However, it is observed that the petitioners named above be released on bail after completing six months of jail custody by the court below upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Nawada (Town) P.S. Case No. 91 of 2019, with following condition:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically

Patna High Court CR. MISC. No.19805 of 2019(2) dt.03-04-2019 3/3 present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) manoj/- U T