Nitesh Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69684 of 2023 Arising Out of PS. Case No.-472 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== NITESH KUMAR PANDEY SON OF BRAJESH PANDEY @ BRAJESH KUMAR PANDEY RESIDENT OF VILLAGE- MOHMOOD NAGAR, P.S.- MUFASSIL MOTIHARI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon For the Opposite Party/s :
Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457, 380 of the Indian Penal Code.
3. As per prosecution case, on 30.6.2022 at night, some miscreants broke the lock of informant's house and theft gold & silver jewellary, motorcycle along with household articles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was sprang up in this case on the basis of confessional statement of co-accused
Patna High Court CR. MISC. No.69684 of 2023(2) dt.03-11-2023 2/2 Santosh Sahni before police. Neither the petitioner was put on TI Parade nor any incriminating article has been recovered from his conscious possession. He has falsely been implicated in this case. It is further submitted that the petitioner is languishing in judicial custody since 20.1.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 472 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari.
(Sunil Kumar Panwar, J) Amandeep/- U T