Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61915 of 2021 Arising Out of PS. Case No.-98 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Nitish Kumar Son of Jawahir Ram Resident of Village- Khapara, P.S.- Akorhigola, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Section 397 of the Indian Penal Code.

According to prosecution case, informant stating therein that he had gone to Narayan Tutorial Jamuhar, of getting admission in tutorial class and after admission he was returning by Innova Car and on the way tyre was punctured by an iron pointed substance, in the meantime, six unknown persons came there armed with pistol and iron rod and on the point of pistol

Patna High Court CR. MISC. No.61915 of 2021(2) dt.25-03-2022 2/3 they looted the articles and cash worth Rs.42,000/-, golden chain and mobile phones of the persons who were going with the informant.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in the present case only on the basis of suspicion. He further submits that nothing has been recovered from conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. He further submits that after investigation police has submitted the charge sheet against the petitioner. The petitioner is in custody since 20.04.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail on the ground that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sasaram (Muffasil) P.S. Case No. 98 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.61915 of 2021(2) dt.25-03-2022 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T