Nitish Singh @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54430 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== NITISH SINGH @ NITISH KUMAR S/o Pramod Kumar Singh R/o villageSingarahi Dodhawar, Ward No. 01, P.S.- Jaynarar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Shailendra Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 420, 379, 504, 506 of IPC. The allegation against the petitioner is of robbing Rs.2,50,000/- from the informant's house.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is an inordinate delay of

Patna High Court CR. MISC. No.54430 of 2022(2) dt.02-01-2023 2/2 two months and ten days in lodging the F.I.R. without giving any plausible explanation. The alleged occurrence has taken place on 17.10.2021 but the F.I.R. was instituted on 28.1.2022 i.e. after two months and ten days. Such a delay in lodging F.I.R. itself casts doubt about the prosecution case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the delay in lodging the F.I.R., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajnagar P.S. Case No.19 of 2022, corresponding to G.R. No.127 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T