Nishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64995 of 2021 Arising Out of PS. Case No.-65 Year-2021 Thana- SHAHKUND District- Bhagalpur ====================================================== NISHU KUMAR Son of Babulal Mandal, Resident of Village - Mohadipur, P.s.- Jagdishpur, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Bhushan For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Shahkund (Sajour) P.S. Case No. 65 of 2021 registered for offence punishable under section 392 of the Indian Penal Code. As per allegation, when the informant was returning after collection money from his customers, all of sudden the accused persons on two bikes came there and intercepted his motor bike and one person, who had concealed his face, pointed pistol and snatched cash and some papers from the informant. The learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot, nothing was

Patna High Court CR. MISC. No.64995 of 2021(2) dt.20-07-2022 2/2 recovered from his possession, he is a person of clean antecedent and his name has figured only in confessional statement of co-accused Dinkar Tanti.

Considering the above-mentioned facts and circumstances, specially the clean antecedent of the petitioner let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Bhagalpur in connection with Shahkund (Sajour) P.S. Case No. 65 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. The bail bond of the petitioner shall be confirmed after calling for his criminal antecedent. If it is found that the petitioner has any other case against his account, his bail bond shall be cancelled. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T