Nand Kishore Kumar Das @ Niraj Kumar Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28965 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Nand Kishore Kumar Das @ Niraj Kumar Nirala son of Niranjan Das @ Niranjan Kumar Nirala Village- Rahimpur Rudauli Ps- Muffasil DistSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Adv.
For the Opposite Party/s :
Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Musarigharari P.S. Case No.08 of 2024 lodged under Sections 461 and 379 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons including the petitioner with allegation that the theft has been taken place at the shop of the informant in which the mobile, laptop, TV, hand phone accessories, total at the tune of about Rs.9.5 lacs has been taken with the detail of mobile numbers and laptop.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the recovery of alleged theft articles has been made from the house of the petitioner along with huge quantity of mobile equipments. He further submits that neither T.I.P. of the theft articles has taken place till date nor the petitioner was put on
Patna High Court CR. MISC. No.28965 of 2024(2) dt.15-05-2024 2/2 T.I.P.
5. Counsel also submits that the bail application of the co-accused has been heard by this Court vide order dated 04.04.2024 passed in Cr. Misc. No.23357/2024 and liberty was given to renew his prayer for bail one month after framing of charge. He submits that charge has now been framed.
6. Counsel for the petitioner submits that petitioner is in custody since 31.01.2024 having clean antecedent.
7. Learned counsel for the State opposes the prayer for bail
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, one month after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with Musarigharari P.S. Case No.08 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J.) Prakashmani/- U T