Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44585 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- GANDHIMAIDAN District- Patna ====================================================== Nishant Kumar Son of Sri Arvind Prasad Resident of Mohalla - Samta Path, Bengali Tola, Police Station - Jakkanpur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nil Kamal For the Opposite Party/s :

Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2018 The petitioner seeks regular bail in connection with Gandhi Maidan P.S. Case No. 95 of 2018, registered for offences punishable under Sections 454 and 380 of the Indian Penal Code.

Allegation as per F.I.R is of commission of theft in the house of the informant and taking away several articles and ornaments.

It has been submitted on behalf of the petitioner that he is not named in the F.I.R. and has falsely been made accused in this case only on the basis of suspicion and further no test identification parade has been held and petitioner has also not been found in CCTV footage. It has also been submitted that petitioner has no criminal antecedent and has been in judicial

Patna High Court Cr.Misc. No.44585 of 2018(5) dt.06-11-2018 2/2 custody since 20.04.2018 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and also that petitioner has no criminal antecedent and has remained in custody for about ten months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XVII, Patna, in connection with Gandhi Maidan P.S. Case No. 95 of 2018, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T