Nitesh Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.15038 of 2016 (3) dt.18-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15038 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -RANIGANJ District- ARRARIA ======================================================

1. Nitesh Kumar Singh Son of Bhola Singh resident of Village- Tamghattee, P.S.- Bounsi, District- Araria..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Raniganj P.S. Case No. 235 of 2015 registered for the offences punishable under Sections 392/411 of the Indian Penal Code. Allegedly, four unknown miscreants on two motorcycle came and stopped the motorcycle of the informant and speed away with the motorcycle of the informant. During investigation the petitioner was arrested and he confessed his guilt and on the basis of his confessional statement looted motorcycle was recovered. Submission is that the petitioner is in custody since 15.12.2015, nothing has been recovered from his possession and after recovery of motorcycle the Police recorded his confessional statement to which learned APP opposes.

In the facts and circumstances stated above, considering

Patna High Court Cr.Misc. No.15038 of 2016 (3) dt.18-05-2016 that the petitioner has got no criminal antecedent, the petitioner above named shall be released on bail after completion of six months custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 235 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T