Patna High CourtCR. MISC./62609/2022bail granted

Nitish Kumar v. The State Of Bihar

2023-05-16Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62609 of 2022 Arising Out of PS. Case No.-145 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== NITISH KUMAR Son of Vijay Prasad Resident of Village- Khanjahanpur, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 364/34 of the Indian Penal Code registered in connection with Buniyadganj P.S.Case No. 145 of 2020.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. He is a person of clean antecedent. He has submitted further that on similar footing coaccused Bijay Kumar @ Bijay Prasad and Nishu Kumar have been granted anticipatory bail by a coordinate Bench of this Court, vide Cr.Misc.No. 43515 of 2022. The petitioner is in

Patna High Court CR. MISC. No.62609 of 2022(5) dt.16-05-2023 2/2 custody since 21.07.2022.

Considering the above facts and circumstances, let the petitioner, above-named, 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 Additional Chief Judicial Magistrate,-VIII, Gaya in connection with Buniyadganj P.S.Case No. 145 of 2020, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T