Nehal Kumar Ray @ Nihal Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35917 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== Nehal Kumar Ray @ Nihal Kumar Ray Son Of Shambhu Ray Resident Of Village- Dharamganj, Majhia Road, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Section 379 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of theft of gold/silver items as well as cash of Rs.12,000/- of the informant by the accused persons. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case and there is no recovery from the conscious possession of the petitioner. He next submits

Patna High Court CR. MISC. No.35917 of 2024(2) dt.20-05-2024 2/3 that the bail of the petitioner was rejected by the learned trial court due to petitioner having five criminal antecedent. Petitioner is in not named in the FIR and he is in custody since 09.05.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Kishanganj P.S. Case No. 77 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing

Patna High Court CR. MISC. No.35917 of 2024(2) dt.20-05-2024 3/3 bail bond with further condition that the petitioner has to present physically on each and every date before the Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J) Brajesh Kumar/Vinayak U T