Nitish Kumar @ Prince v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1196 of 2019 Arising Out of PS. Case No.-481 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== Nitish Kumar @ Prince S/O Hari Nandan Singh @ Harendra Singh, R/O Village Gamhariya Ps Harlakhi District Madhubani. At Present C/O Ramesh Pd. Mohalla Indra Nagar, Road No. 3 P.S. Jakkanpur, District Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-03-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Agamkuan P.S. Case No. 481 of 2018 registered for the offence punishable under Sections 392 of the Indian Penal Code.
Allegation against the petitioner is of snatching gold chain of Informant while she was on morning walk. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. No incriminating material has been recovered from the possession
Patna High Court CR. MISC. No.1196 of 2019(3) dt.26-03-2019 2/3 of the petitioner.
Considering the fact that petitioner has been identified by the Informant, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.
However, it is observed that petitioner named above be released on bail after completing one year of jail custody upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, in connection with Agamkuan P.S. Case No. 481 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
Patna High Court CR. MISC. No.1196 of 2019(3) dt.26-03-2019 3/3
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) ranjan/- U