Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8382 of 2021 Arising Out of PS. Case No.-619 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== NITISH KUMAR Son of Harinath Rai Resident of Village- Baranti, P.S.- Rajapakar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Hajipur Sadar P.S. Case No. 619 of 2019 registered against unknown under section 394 of the Indian Penal Code.

As per allegation in the F.I.R., three accused persons on a motorcycle, on the point of pistol took away the bag of the informant containing money besides other articles. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown and the name of the petitioner transpired on the confessional statement of coaccused Kunal made before police. He has been falsely

Patna High Court CR. MISC. No.8382 of 2021(3) dt.09-07-2021 2/2 implicated in this case because of his antecedents. Inspite of being in custody since 18.1.2020, he has not been put on T.I. parade and no incriminating article has been recovered from his possession.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that inspite of the petitioner being in custody for more than 1 year 5 months, investigation in the case has concluded without putting him on T.I. parade, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Hajipur Sadar P.S. Case No. 619 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

Spd/- (Partha Sarthy, J) U T