Nitesh Kumar @ Nitesh Prajapati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49382 of 2022 Arising Out of PS. Case No.-88 Year-2021 Thana- KOCHAS District- Rohtas ====================================================== NITESH KUMAR @ NITESH PRAJAPATI Son of Rajesh Pandit @ Rajesh Prajapati Resident of Vill. and Po- Dharawn, P.S- Dinar, Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh No.10, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-12-2022 Learned counsel for the petitioner is permitted to remove the defect/(s), as pointed out by office, if any, within a period of four weeks from today.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner in this case seeks regular bail in connection with Kochas P.S. Case No. 88/2021 for the offence punishable under Section 379 of the I.P.C.
As per the prosecution case, the Motorc-cycle of Sardhu of informant parked by him at Fish Farm was stolen. On the basis of confession of petitioner when arrested in another case, he was remanded in this case and also in other Motorcycle theft cases. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.49382 of 2022(2) dt.13-12-2022 2/2 petitioner is not named in the F.I.R. and nothing has been recovered from his possession and when he was arrested in Kochas P.S. Case No. 96/2021 he has been falsely implicated in this case also including other cases in which he is enlarged on bail. He has further submitted that petitioner is a student of intermediate. It is further submitted that petitioner was remanded in jail custody in this case on 26.07.2021 only on the basis of confessional statement having no evidenciary value in law.
Considering the aforesaid facts and circumstances of the case as well as period of custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Rohtas at Sasaram in connection with Kochas P.S. Case No. 88/2021. (Sunil Dutta Mishra, J) kamlesh/- U T