Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29612 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- DESARI District- Vaishali ====================================================== NITISH KUMAR SON OF RAJ KUMAR RAY RESIDENT OF VILLAGELAKHANPUR TAL , P.S- DESARI , DIST- VAISHALI AT HAJIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-11-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 395 of the Indian Penal Code.

As per the prosecution case, five unknown miscreants entered the house of the informant and after tying her hands, legs and mouth looted Rs. 1.20 lac, ornaments, mobile phone and T.V. from the house of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.29612 of 2022(2) dt.09-11-2022 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of co-accused Rohit Kumar. The other co-accused person has already been granted bail by a Coordinate Bench vide order dated 27.07.2022 passed in Cr. Misc. No. 19290 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.01.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case , the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali, Hajipur in connection with Desari P.S. Case No. 30 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T