Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67402 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Nilesh Kumar S/o- Shrilal Yadav, R/o Village- Walipur, P.S.- Pipariya, District- Lakhisarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Binod Murari Mishra, Advocate For the Opposite Party :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Binod Murari Mishra, the learned counsel for the petitioner and Mr. Nand Kishore Prasad, the learned Additional Public Prosecutor for the State. 2.

Petitioner seeks regular bail who is in custody since 09.02.2024, in connection with Piri Bazar P.S. Case No. 03 of 2024, FIR dated 06.01.2024, registered for the offence punishable under Section 395 of the Indian Penal Code. 3.

According to the prosecution case, the petitioner along with other co-accused persons came on motorcycle at petrol pump and looted Rs. 13,000/- (Rupees thirteen thousand only) cash, four litres of Honda Activ Mobil and also full they motorcycle tanks with petrol on gun point and they also snatched the mobile of the informant.

4.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.67402 of 2024(2) dt.25-09-2024 2/3 further submits that petitioner is not named in the FIR and name of petitioner transpired merely on the basis of suspicion and except suspicion, no other cogent material has come during investigation which suggests involvement of the petitioner in the present occurrence. He further submits that petitioner has been remanded in the present case on 09.02.2024, however, till date the prosecution has not conducted the test identification parade and the petitioner is in custody since 09.02.2024. 5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries six cases other than the present of similar nature, but fairly admits that out of six cases, petitioner is on bail in one case. 6.

Considering the aforesaid facts and circumstances and mainly the fact that petitioner is not named in the FIR and name of petitioner transpired merely on the basis of suspicion and except suspicion, no other cogent material has come during investigation which suggests involvement of the petitioner in the present occurrence, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai,

Patna High Court CR. MISC. No.67402 of 2024(2) dt.25-09-2024 3/3 in connection with Piri Bazar P.S. Case No. 03 of 2024, subject to the following conditions:

(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.

(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T