Patna High CourtCR. MISC./29004/2024bail granted

Nitish Kumar v. The State Of Bihar

2024-05-14Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29004 of 2024 Arising Out of PS. Case No.-531 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Nitish Kumar Son of Dharmendra Saw Resident of Village-Naya Tola Simri, P.S- Bakhtiyarpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashmi Sharma For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner seeks bail in connection with Barbigha P.S. Case No. 531 of 2023 instituted for the offences under Section 395 of the Indian Penal Code.

3. As per prosecution case, the informant is the Area Manager of Ashirvad Micro Finance Ltd. and he is posted at Akhorigola. It is alleged that some unknown persons attacked his Branch and looted away gold, Cash of Rs. 2,11,245/- and other articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same

Patna High Court CR. MISC. No.29004 of 2024(3) dt.14-05-2024 2/3 has been lodged against unknown persons. The name of the petitioner has come into light on the basis of confessional statement of Krishna Murari, which has got no evidentiary value in the eyes of law. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. Learned counsel for the informant submitted that charge has been framed against the petitioner. He further submitted that the other co-accused has already been granted bail by this Court vide order dated 08.04.2024 passed in Cr. Misc. No. 25592 of 2024. The petitioner is in custody since 11.01.2024 and has twelve criminal antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as 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 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 Barbigha P.S. Case

Patna High Court CR. MISC. No.29004 of 2024(3) dt.14-05-2024 3/3 No. 531 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T