Patna High CourtCR. MISC./36803/2019bail granted

Nikesh Kumar Jha @ Nikesh Jha v. The State Of Bihar

2019-06-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36803 of 2019 Arising Out of PS. Case No.-108 Year-2017 Thana- BENIPATTI District- Madhubani ====================================================== Nikesh Kumar Jha @ Nikesh Jha Son of Bauan Jha @ Sutai Jha @ Babuvan Resident of Village - Balia, P.S.- Benipatti, Distt - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

Allegation is that unknown miscreants had taken away mobile phone and cash Rs.27,000/- of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.09.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on confessional statement of co-accused. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner has not been put on T.I.P. It is further submitted that

Patna High Court CR. MISC. No.36803 of 2019(2) dt.26-06-2019 2/2 the petitioner may be released on bail after completion of one year in custody from 12.09.2018.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after completion of one year in custody from 12.09.2018 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 3rd, Madhubani in connection with Benipatti P.S. case No.108 of 2017 (G.R. No.443 of 2017) corresponding to S.T. No.82 of 2019. (Sudhir Singh, J) Narendra/- U T