Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59754 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== NITISH KUMAR S/O SHAMBHU MANDAL Residen to Village- Garel Basa, P.S.- Chousa (Phulaut O.P.), District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Chausa (Fulaut) P.S. Case No. 84 of 2022 for the offence registered under Section 394 of the Indian Penal Code.

The allegation is regarding two unknown miscreants having intercepted the informant, who is working as a Delivery Boy with Flipcart comapny, on 25.04.2022 at about 7:30 P.M., whereafter they had snatched his motorcycle, mobile phone, cash amount of Rs. 8851/- and 12 articles of Flipkart company and while fleeing away one of the miscreants had fired gun shots in the stomach of

Patna High Court CR. MISC. No.59754 of 2022(2) dt.13-01-2023 2/3 the informant, resulting in him sustaining bullet injury.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 05.06.2022. The learned counsel for the petitioner has further submitted that neither Test Identification Parade has been conducted so as to connect the petitioner with the alleged crime nor any recovery has been made from the petitioner, hence the petitioner is not having any complicity in the matter.

Per contra, Dr. Indiwar Kumari, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither Test Identification Parade has been held so

Patna High Court CR. MISC. No.59754 of 2022(2) dt.13-01-2023 3/3 as to connect the petitioner with the alleged crime nor any looted article/cash amount has been recovered from the petitioner, apart from the fact that he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to 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 Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa (Fulaut) P.S. Case No. 84 of 2022.

(Mohit Kumar Shah, J) S.Sb/- U T