Nitish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1784 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1784 of 2018 Arising Out of PS.Case No. -355 Year- 2017 Thana -LAHERI District- NALANDA (BIHARSHARIFF) ====================================================== Nitish Kumar, S/o Lakhan Sao, resident of Village- Niyamatpur, P.S.- Harnaut, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 05.09.2017 in connection with Laheri P.S. Case No. 355 of 2017 for the offences alleged under Sections 363, 365 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against unknown persons. The petitioner's name has transpired on the confessional statement of co-accused Ranjeet Paswan and Kamlesh Paswan, who also named co-accused Pappu Sharma. It is stated that the petitioner is similarly situated with the said co-accused Pappu Sharma who has been granted bail by this Court in Cr. Misc. No. 61120 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.1784 of 2018 (2) dt.11-01-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Laheri P.S. Case No. 355 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T