Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22578 of 2018 Arising Out of PS. Case No.-566 Year-2017 Thana- GANDHIMAIDAN District- Patna ====================================================== Nitish Kumar S/o Prakash Chandra Singh, R/o vill.- Daradhi, P.S.- Sajour, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamlesh Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 14.12.2017 in connection with Gandhi Maidan P.S. Case No. 566 of 2017 registered for the offence punishable under Section 379 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he had gone for morning walk on his motorcycle and parked his motorcycle outside and when he returned back, he found his motorcycle missing.
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report, bears no criminal history and another co-accused, who was sitting on the motorcycle, has already been granted the
Patna High Court Cr.Misc. No.22578 of 2018(2) dt.19-04-2018 2/2 privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 21012 of 2018 vide order dated 12.04.2018. He submits that he has been punished enough and a sympathetic consider be given, as he is in custody for more than four months. However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-VI-cum- Additional Chief Judicial Magistrate, Patna in connection with Gandhi Maidan P.S. Case No. 566 of 2017.
(Nilu Agrawal, J.) Arjun/- U T