Patna High CourtCR. MISC./48803/2016allowed

Nitish Kumar v. The State Of Bihar

2017-01-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48803 of 2016 Arising Out of PS.Case No. -399 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Nitish Kumar son of Ramchandra Singh resident of Village- Khaira Kala, Police Station- Akbarpur, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Amrendra Kumar, Adv. For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code in connection with Nawada Town P.S. Case No. 399/2016. It has been submitted on behalf of the petitioner that the FIR has been lodged against unknown but later, on the basis of confessional statement of one Shivendra Kumar the petitioner has been implicated in this case and except this there is nothing against the petitioner and for that the petitioner is in custody since 04.08.2016.

Learned Additional Public Prosecutor opposed the prayer of bail.

Having heard both sides, in view of the facts that except

Patna High Court Cr.Misc. No.48803 of 2016 (3) dt.20-01-2017 2/2 the confessional statement of co-accused there is nothing against the petitioner and he is in custody for about five months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 399/2016, subject to conditions that one of the bailors should be relative of the petitioners and another having sufficient immovable property within the jurisdiction of the court below with further condition that he will co-operate in disposal of the trial.

(Vinod Kumar Sinha, J.) Rakhi U T