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Patna High CourtCR. MISC./24780/2019bail granted

Nikash Kumar Singh v. The State Of Bihar

2019-04-17Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24780 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- AMNAUR District- Saran ====================================================== NIKASH KUMAR SINGH, aged about 23 Years, Male, Son of Anil Singh, Resident of Village Purwari Tola, Amanour Aguwan, P.S. Amnour, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Kumar Singh For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Amnour P.S. Case no. 91 of 2018, registered under Section 395 of the Indian Penal Code.

8-10 miscreants are said to have committed dacoity by breaking open the gate of the house of the informant in the night and looted away cash, jewellery, mobile and other belongings of the informant and his family members. During the course of the occurrence, two accused persons namely Samim Nath and Anil Singh were identified by the informant. Further during the course of investigation, several accused

Patna High Court CR. MISC. No.24780 of 2019(2) dt.17-04-2019 2/3 persons were apprehended on suspicion including Saroj Nat. Said Saroj Nat divulged the name of the petitioner as the person giving information about the house of the informant. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He is neither named in the F.I.R. nor was apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of Saroj Nat who was apprehended on suspicion during the course of investigation and said Saroj Nat has been enlarged on bail by a co-ordinate Bench of this Court. Other co-accused namely Raju Nat, Kali Nat, Nanhki Nat and Annu Nat have been enlarged on anticipatory bail by different co-ordinate Benches of this Court. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Chapra

Patna High Court CR. MISC. No.24780 of 2019(2) dt.17-04-2019 3/3 in connection with Amnour P.S. Case No. 91 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) mantreshwar/- U T