Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43402 of 2017 Arising Out of PS.Case No. -208 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Nitesh Kumar, son of Rahubir Mahton, resident of village- Pakthaul, P.S.- Teghra, District-Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The Petitioner seeks regular bail in connection with Begusarai Town P.S. Case No. 208 of 2017 for offences alleged under Sections 461 and 379 of the Indian Penal Code. The prosecution case, as lodged by the Branch Manager of Small Finance Bank at Begusarai Branch is that an information by the petitioner who was the night guard, that a dacoity has taken place, he found that Rs. 7,22,366/- had been taken away from the bank by some miscreants. The petitioner, who was the night guard of the bank was found to have been involved in the aforesaid offence.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He has no criminal antecedent and he was the one

Patna High Court Cr.Misc. No.43402 of 2017 (3) dt.13-11-2017 2/3 who informed on telephone about the dacoity which had taken place and that his hands and eyes were tied when the dacoity was committed while he was present as the night guard. He submits that he has been made accused only on the basis of suspicion and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 208 of 2017, subject to the following conditions:

1. One of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner

2. Petitioner will appear before the learned court below during trial as and when required and failure to appear on two

Patna High Court Cr.Misc. No.43402 of 2017 (3) dt.13-11-2017 3/3 consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) khushbu/- U T