Nishant Kumar @ Nishu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39550 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== NISHANT KUMAR @ NISHU Son of Rajendra Prasad Resident of Village - Rai Colony Ishopur, P.S.- Phulwarisharif, Dist.- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in S. Tr. No. 630/2018, arising out of Gardanibagh P.S. Case No. 166/2018, instituted for offences under Section(s) 394, 397 and 302 of the Indian Penal Code read with Section 27 of Arms Act.
Learned counsel for the petitioner has submitted that F.I.R. is against unknown. There is no recovery of any incriminating article from possession of this petitioner. No T.I.P. has been held in this case. Name of this petitioner has come in the confessional statement of co-accused Nishant Kumar. The police arrested the petitioner and recorded his confessional statement.
The other co-accused persons have already been
Patna High Court CR. MISC. No.39550 of 2019(2) dt.02-07-2019 2/2 granted bail by a Co-ordinate Bench of this Court in vide orders dated 26.10.2018 passed in Cr. Misc. No. 62951/2018 and dated 03.12.2018 passed in Cr. Misc. No. 68850/2018. Petitioner is in custody since 05.05.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Fast Track-2, Patna, in connection with S. Tr. No. 630/2018, arising out of Gardanibagh P.S. Case No. 166/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T