Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30303 of 2023 Arising Out of PS. Case No.-276 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Nitish Kumar, Son of Late Manoj Yadav, Resident of Village - Tapshi, P.S. - Mufassil, Distt. - Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The accused/petitioner seeks bail in connection with Gaya Mufassil P.S. Case No.276 of 2023 registered for the offence punishable under Section 394 of the Indian Penal Code. The accused/petitioner is named in the FIR and is in custody since 06.03.2023.

Allegation against the petitioner is to commit robbery and while committing so, taken away mobile phone and cash amounting to Rs.7,000/- belongs to the informant. It is submitted by learned counsel that while informant was in police station in connection with lodging the FIR of alleged occurrence, in the meantime, petitioner was brought there by private persons in connection with other snatching case, where informant identified him as one of the co-

Patna High Court CR. MISC. No.30303 of 2023(3) dt.07-07-2023 2/3 accused of the occurrence, naming this petitioner with present FIR. It is submitted that if the narration of FIR be taken into consideration then, certainly looted materials be recovered from the possession of this petitioner as petitioner was apprehended immediately after the occurrence but, no incriminating material as alleged was recovered from this petitioner. It is submitted that petitioner found involved in one more criminal case, where he is on bail. While concluding argument, it is submitted that investigation of this case has been completed, for which, chargesheet has been submitted and, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer for grant of bail to the petitioner.

In view of above-mentioned facts and circumstances and by taking note of fact as no incriminating material recovered from possession of this petitioner so as to connect him prima facie with present occurrence, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 06.03.2023, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.30303 of 2023(3) dt.07-07-2023 3/3 learned Judicial Magsitrate-1st Class, Gaya in connection with Gaya Mufassil P.S. Case No.276 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC (Chandra Shekhar Jha, J.) Sanjeet/- U T