Nitesh Kumar Singh @ Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 10815 of 2017 Arising Out of PS.Case No. -359 Year- 2015 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Nitesh Kumar Singh @ Nitesh Kumar @ Nitish Kumar Son of Shree Murari Singh, Resident of Village-Mahuli, P.S.-Ara Muffasil, District-Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Anil Kumar, Advocate For the Opposite Party/s : Mr Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner.

This is a second attempt made by the petitioner for grant of regular bail in connection with Ara Mufassil Police Station Case No 359 of 2015 registered for the offence under Section 302 of the Indian Penal Code.

It has been submitted by the petitioner that earlier the petitioner moved for bail and this Court, vide order dated 19.01.2017 passed in Cr Misc No 49027 of 2016, has dismissed the application of the petitioner with liberty to petitioner to renew his prayer for bail after recording the evidence of the mother of the deceased. Now the mother of the deceased has been examined as PW 1 in the trial and she has not told anything about the complicity of the petitioner in this case.

Patna High Court Cr.Misc. No.10815 of 2017 (2) dt.22-03-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the submission as above, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Bhojpur at Ara in Sessions Trial No 51 of 2017 corresponding Ara Mufassil Police Station Case No 359 of 2015, subject to the conditions that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) M.E.H./- U T