Nilkamal @ Nilkamal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49311 of 2015 Arising Out of PS.Case No. -164 Year- 2014 Thana -NARHAT District- NAWADA ====================================================== Nilkamal @ Nilkamal Kumar, son of late Shri Surendra Singh, Resident of Village- Kaithir, P.O- Kaithir, Police Station- Hisua in the district of Nawada (Bihar). Pin-805103.

..... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Anand For the Opposite Party/s : Mr. Smt.Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Narhat P.S. Case No. 164 of 2014 registered for offence under section 392 of the Indian Penal Code. Two persons were on 'Pulsar' motor cycle bearing Registration No. BR59A-2198, tried to snatch the Golden chain of the informant and the accused person who was caught with the motor cycle, disclosed his name Chandan Kumar and said that the person who has taken away snatched chain, is the petitioner. The counsel for the petitioner submits that no recovery has been made from the possession of the petitioner, but from the co-accused and the name of petitioner has transpired on

Patna High Court Cr.Misc. No.49311 of 2015 (2) dt.04-11-2015 2/2 the confessional statement of the co-accused. Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on or after the 1st week of January 2016 on his 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, Nawada in connection with Narhat P.S. Case No. 164 of 2014, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T