Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50144 of 2021 Arising Out of PS. Case No.-185 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Nitish Kumar Son Of Shri Ram Sao Singh Resident Of Village - Baltara, P.S.- Gogari (Poura), District - Khagaria.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Gogri (Poura) P. S. Case No.185 of 2021, instituted for the offences under Section 379/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 13.06.2021, charge-sheet has been submitted in the case and has antecedent of one case under Section 498A of the I.P.C. as mentioned in Para3 of the bail petition. The learned counsel for the petitioner submits that the informant alleges that a motorcycle was stolen in the night of 05.05.21, which was registered in the name of his

Patna High Court CR. MISC. No.50144 of 2021(2) dt.01-02-2022 2/3 brother-in-law (Prashant Kumar). Further one villager disclosed that he had seen the petitioner along with two unknown persons taking away the motorcycle.

The learned counsel for the petitioner submits that petitioner has been falsely implicated for the reason that the petitioner and the informant in Panchayat Election were supporting rival candidate and thus, by way of after thought, the informant implicated the petitioner in the case as the F.I.R. was instituted after a delay of three days without any plausible explanation. It is submitted that date of occurrence is 05.05.21 and the F.I.R. came to be instituted on 08.05.2021 The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and the F.I.R. was instituted after a delay of three days without any plausible explanation, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.50144 of 2021(2) dt.01-02-2022 3/3 learned C.J.M., Khagaria in connection with Gogri (Poura) P. S. Case No.185 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T