Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71943 of 2021 Arising Out of PS. Case No.-92 Year-2021 Thana- MOKAMAH District- Patna ====================================================== Nitish Kumar S/o Nebi Mahto Resident of Village- Barahpur, P.S.- Mokamah, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjana, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mokamah P.S. Case No. 92 of 2021, lodged under Section 392 of the Indian Penal Code.

As per prosecution case, the allegation of robbery against 3 unknown criminals is there in the F.I.R. Learned counsel for the petitioner submits that nothing has been recovered from the possession of petitioner, nor he was put on T.I.P. He further submits that petitioner is in custody since 09.04.2021 having 2 criminal cases pending against him and ready to fulfill all the conditions whatsoever

Patna High Court CR. MISC. No.71943 of 2021(3) dt.13-10-2022 2/3 shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateII, Barh under Patna in connection with Mokamah P.S. Case No. 92 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of

Patna High Court CR. MISC. No.71943 of 2021(3) dt.13-10-2022 3/3 this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T