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Patna High CourtCR. MISC./55494/2022allowed

Nitish Kumar v. The State Of Bihar

2023-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55494 of 2022 Arising Out of PS. Case No.-240 Year-2021 Thana- PIPRA District- Supaul ====================================================== Nitish Kumar Son Of Binod Yadav Resident Of Village - Maura Khap, P.S.- Shankarpur, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 393, 397, 302 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the brother of the informant by four unknown criminals. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R. The petitioner was not apprehended from

Patna High Court CR. MISC. No.55494 of 2022(4) dt.17-02-2023 2/2 the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was remanded in this case on 19.01.2022 from Shankarpur P.S. Case No. 107 of 2021 on the confessional statement of co-accused person and since then the petitioner is in custody.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, 1st, Supaul in connection with Pipra P.S. Case No. 240 of 2021(Sessions Trial No. 91/2022/225/2022.

(Sunil Kumar Panwar, J) Shageer/- U T