Nitin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78966 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Nitin Kumar, Son of Ganesh Sao @ Ganesh Prasad, Resident of VillageRaghopur, Sri Rampur, P.S.- Fatehpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr.Sri Kalyan Shankar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ramkrishna Nagar P.S. Case No. 66 of 2018 registered for the offences punishable under Section 392 of the Indian Penal Code.

Informant has alleged that while he was returning on his motorcycle three unknown miscreants on two motorcycles stopped him and on strength of arms looted his Video Camera, Still Camera, Motorcycle, Mobile and purse. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. FIR is against unknown. Nothing has been recovered from his possession. His name has surfaced

Patna High Court Cr.Misc. No.78966 of 2018(2) dt.29-01-2019 2/2 in this case on the basis of confessional statement made by coaccused Bhola and from the possession of Bhola the looted articles were recovered. Petitioner is in custody since 07.06.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-XIII, Patna, in connection with Ramkrishna Nagar P.S. Case No. 66 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers 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 petitioner. (S. Kumar, J) Rajiv/- U T