Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47625 of 2023 Arising Out of PS. Case No.-111 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== NIKHIL KUMAR, Male, aged about 20 years, S/O RAM JANAM SINGH R/O Village- Surangapur, P.S- Sandesh, Distt.- Bhojpur at Ara. ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shantam Shivam, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sandesh P.S. Case No. 111 of 2023 dated 29.04.2023 registered for the offence(s) punishable under Section(s) 392 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a student and he has been languishing in jail since 29.04.2023, in fact on the alleged day and time of occurrence an accident took place in between petitioner's motorcycle and a truck and thereafter the prosecution's story as narrated in the FIR was falsely prepared in collusion with police. Further submissions are that as per allegation this petitioner and two unknown co-accused persons robbed a cash of Rs.1200/-, Rs.760 and Rs.920/- from the informant and truck drivers and this petitioner is stated to have

Patna High Court CR. MISC. No.47625 of 2023(2) dt.01-08-2023 2/2 been apprehended at the spot but from his possession the said looted money and the alleged firearm which was used in the alleged crime of loot, were not recovered which also shows the false implication of this petitioner in the present matter and moreover against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Though the instant matter relates to a loot and petitioner was apprehended at the spot but considering the petitioner's young age and the fact that from his possession, the looted money as well as other incriminating material was not recovered when he was apprehended at the spot and against him, the investigation has been completed, in my opinion, in the said circumstances, a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner namedabove be enlarged on bail after framing of charge, if the same has not been framed in connection with Sandesh P.S. Case No. 111 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T