Nikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44675 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -JAMALPUR District- MUNGER ======================================================

1. Nikki Kumar son of Manoj Kumar Mandal, resident of Village- Pachna Road, P.S. and District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-387, 504 and 506 of the Indian Penal Code. Petitioner is not named but it appears from perusal of the impugned order that the Sim, which has been used in committing the present crime, was recovered from possession of the petitioner.

Submission on behalf of petitioner is that the mobile, in which, recovered Sim had been inserted, had not been recovered from possession of the petitioner and, as a matter of fact, Annexure-2 to this petition, goes to show that the another mobile had been used in committing the alleged crime. Moreover,

Patna High Court Cr.Misc. No.44675 of 2016 (2) dt.17-10-2016 2/2 the petitioner is languishing in jail custody since 30-04-2016 and the investigation against him has already been completed. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Jamalpur P.S. Case No. 45 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Munger.

(Hemant Kumar Srivastava, J) A.K.V./- U T