Patna High CourtCR. MISC./35544/2014bail granted

Nitesh Kumar v. The State Of Bihar

2015-06-26Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35544 of 2014 Arising Out of PS.Case No. -47 Year- 2013 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Nitesh Kumar S/o Shivnath Sah R/o Rukmanjari, P.S.- Garaul, DistrictVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the State : Mr Pancha Nand Pandit. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-06-2015 Heard learned counsel for the petitioner and the learned A.P.P.

The petitioner apprehends his arrest in Sadar P.S. Case No. 47/2013 instituted for offences punishable under Section 365 of Indian penal Code.

Learned counsel for the petitioner submitted that the First Information Report is against unknown persons and it is only subsequently that the informant in his statement under Section 164 of the Cr. P.C. recorded after about eight months, has named the petitioner and other persons. Petitioner happens to be relative of the informant and there is previous dispute between the parties. .

Patna High Court Cr.Misc. No.35544 of 2014 (5) dt.26-06-2015 2/2 It is also submitted by the learned counsel appearing on behalf of the petitioner that in similar allegation also two of the accused persons moved this Court in Cr. Misc. No. 25089 of 2014 and vide order dated 17.11.2014 they have already been enlarged on anticipatory bail and the case of the present petitioner is similarly situated.

Under such circumstances, it is directed that in the event of arrest or surrender within a period of six weeks from today, the above named petitioner Nitesh Kumar shall be released on bail on furnishing bail bonds of Rs. 10,000/- ( Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in Sadar P.S.Case No. 47/2013, subject to the condition as laid down under Section 438(2) of Cr.P.C.

(Nilu Agrawal, J) Sudha/- U T