Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36654 of 2021 Arising Out of PS. Case No.-368 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== NITISH KUMAR Son of Harinath Rai Resident of Village- Baranti, P.S.- Rajapakar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 402, 413 and 414 of the Indian Penal Code and sections 25 (1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, a loaded country made pistol was recovered from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedents. No incriminating article has been recovered from his possession. He is in custody since 20.9.2019 and chargesheet has been submitted.

The application for bail is opposed by learned

Patna High Court CR. MISC. No.36654 of 2021(2) dt.04-01-2022 2/2 A.P.P. for the State who submits that the petitioner has a number of criminal antecedents.

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. together with the petitioner having remained in custody for more than 2 years, the Court directs the petitioner to be enlarged on bail in connection with Bidupur P.S. Case no.368 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge X, Vaishali at Hajipur. (Partha Sarthy, J) Saurabh/- U T