Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28992 of 2024 Arising Out of PS. Case No.-11 Year-2022 Thana- GURUA District- Gaya ====================================================== Nitish Kumar Son of Ramswarup Paswan @ Ram Swaroop Prasad Resident of Village- Kamaldah, P.S.- Paraiya, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gurua P.S. case No. 11 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that four unknown miscreants boarded on four motorcycles intercepted the informant looted mobile and cash amounting to Rs. 3,000/- from the informant. It is further alleged that they also snatched golden chain from the neck of the informant's nephew.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.28992 of 2024(2) dt.22-04-2024 2/2 transpired in this case on the basis of suspicion. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.03.2022 and has seven criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gurua P.S. case No. 11 of 2022. (Rudra Prakash Mishra, J) Alok Verma/- U T