Nagmani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27099 of 2025 Arising Out of PS. Case No.-230 Year-2023 Thana- PALIGANJ District- Patna ====================================================== Nagmani Kumar Son of Bijendra Yadav Resident of Village - Wazirganj, P.S.- Jehanabad, District - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyendra Prasad Singh, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-04-2025 Heard Mr. Satyendra Prasad Singh, learned counsel for the petitioner and Mr. Md. Iftekhar Mahmood, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 10.02.2025, in connection with Paliganj P.S. Case No. 230 of 2023, F.I.R. dated 05.05.2023 registered for the offences punishable under Sections 392 and 395 of the Indian Penal Code.
3. The F.I.R. of the occurrence of loot is against unknown.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the
Patna High Court CR. MISC. No.27099 of 2025(2) dt.25-04-2025 2/3 petitioner has been transpired on the basis of confessional statement of co-accused person namely Abhishek Kumar @ Alosc @ Bela and till date no test identification parade was conducted by the prosecution. He further submits that similarly situated co-accused person namely Subham @ Shubham Kumar has been granted the privilege of anticipatory bail by this Court on 05.03.2024 in Cr. Misc. No. 68097 of 2023. The petitioner is in custody since 10.02.2025.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of confessional statement of co-accused person as well as similarly situated coaccused person has been granted the privilege of anticipatory bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Danapur, District- Patna in connection with Paliganj P.S. Case No. 230 of 2023, subject to
Patna High Court CR. MISC. No.27099 of 2025(2) dt.25-04-2025 3/3 the following conditions :-
(1) 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 the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T