Nitesh Kumar @ Nitesh Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.50751 of 2016 (5) dt.09-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50751 of 2016 Arising Out of PS.Case No. -102 Year- 2016 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Nitesh Kumar @ Nitesh Pandey Son of Param Hans Ray Resident of Village Selia, Post- Mokar, P.S.- Agrer, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Bhagat For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Aurangabad Muffasil P.S. Case No. 102 of 2016 registered under Sections 414 and 420/34 of the Indian Penal Code. The allegation against the petitioner is of theft of motorcycle.

Learned counsel for the petitioner submits that petitioner is innocent and his name has come on the confessional statement of co-accused Sandeep Kumar and he has no criminal history. It is further submitted that there is no recovery from the conscious possession of the petitioner.

Considering the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.50751 of 2016 (5) dt.09-02-2017 petitioner, above named, in the event of arrest or surrender within period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Mufassil P.S. Case No. 102 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Prakash/- U