Nishant Kumar @ Guletan Kumar @ Gultan Kr. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58855 of 2019 Arising Out of PS. Case No.-8 Year-2017 Thana- KASHICHAK District- Nawada ====================================================== NISHANT KUMAR @ GULETAN KUMAR @ GULTAN KR. Son of Sanjit Kumar @ Sanjeev Singh @ Karu Singh Resident of Village - Khojagachhi, P.S.- Barbigha in the district of Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 394/411 of the Indian Penal Code.

Allegation is that one loaded country made pistol and a motorcycle are recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.03.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of disclosure made by coaccused Saurabh Kumar. There is no recovery of any incriminating article from the possession of the petitioner. The

Patna High Court CR. MISC. No.58855 of 2019(2) dt.18-09-2019 2/2 petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. Except for the disclosure made by coaccused, there is no other substantive evidence to suggest the implication of the petitioner in this case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds 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 Kashichak (Shahpur) P.S. case No.08 of 2017.

(Sudhir Singh, J) Narendra/- U T