Patna High CourtCR. MISC./35582/2018rejected

Nitish Kumar v. The State Of Bihar

2018-06-21Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35582 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== Nitish Kumar, Son of Vijay Prasad, resident of village - Karingapur, P.S. Manpur, District Nalanda.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Singh, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-06-2018 Heard learned counsels for the petitioner and the State.

The petitioner, already in custody, seeks bail in connection with Bihar P.S. Case No. 47 of 2018 registered under Sections 392 and 412 of the Indian Penal Code. Allegation in brief is that manager of the petrol pump was going to deposit Rs. 4,41,860/- in Indian Bank. Then some unknown miscreants came, armed with pistol and snatched the bag containing cash. In the meanwhile, mobile police came on motorcycle and started following them. They fled away by throwing the money. Later on from the C.C.T.V. footage the petitioner and others were apprehended and also put on TIP and petitioner was identified.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.35582 of 2018(2) dt.21-06-2018 2/2 petitioner has falsely been implicated in this case. He used to go to attend coaching classes therefore his image was captured in the C.C.T.V. footage and two other co-accused have been admitted on bail by co-ordinate benches of this court, but those accused persons were not identified in TIP but petitioner was identified in TIP, moreover, petitioners image was also captured in CCTV while committing the offence.

Having considered the aforesaid facts and circumstances, the prayer for bail of the petitioner is rejected. (Arun Kumar, J) khushbu/ArchanaU T