Patna High CourtCR. MISC./22953/2017bail granted

Nehal Kumar @ Nihal Kumar v. The State Of Bihar

2017-05-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22953 of 2017 Arising Out of PS.Case No. -317 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Nehal Kumar @ Nihal Kumar, son of Late Dharam Yadav, resident of Village- Naya Tola Jurabganj, P.S.- Kordha, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Uma Shankar Prasad Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 414, 467, 468 and 471 of the I.P.C. Prosecution case, in brief, is that the police took the petitioner and co-accused Mantu Kumar on remand in Arah Town P.S. case No.258 of 2016 and on the basis of their confession, one stolen motorcycle was recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.9.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner has not been put on Test Identification Parade. The

Patna High Court Cr.Misc. No.22953 of 2017 (2) dt.22-05-2017 2/2 other co-accused has been granted bail vide Annexure-4 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned A.C.J.M., Arrah in connection with Udwantnagar P.S. case No.317 of 2016.

(Sudhir Singh, J) Narendra/- U T