Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30517 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- NAGARNAUSA District- Nalanda ====================================================== Nitish Kumar Son Of Ramcharan Prasad @ Anil Kumar R/O Village- Balwa (Shahpur), P.S.- Nagarnausa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 414, 467, 468, 471 of the Indian Penal Code.

According to the F.I.R., informant along with police force reached at the house of the petitioner in connection with Nagarnausa P.S. Case No. 11 of 2022 where one motorcycle bearing Reg. No. BR01DJ8516 was found from the house of the petitioner and the petitioner could not produce any documents regarding the said motorcycle.

Patna High Court CR. MISC. No.30517 of 2022(2) dt.25-08-2022 2/3 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that in fact one stolen motorcycle has been recovered from the house of the petitioner. He further submits that he has no concern at all with the alleged recovery and there is no compliance of Section 100 of the Cr. P.C. and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 25.01.2022. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Nagarnausa P.S. Case No. 12 of 2022, with 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

Patna High Court CR. MISC. No.30517 of 2022(2) dt.25-08-2022 3/3 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