Nitesh Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70499 of 2023 Arising Out of PS. Case No.-437 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Nitesh Kumar Pandey S/O Brajesh Pandey Resident Of Village- Mohmood Nagar, P.S.-Muffasil 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 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.
3. As per allegation in the FIR, the unknown miscreants entered in the house of informant and stolen LED TV, Rs. 1,00,000/-, gold as well as silver jwellery.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to high handedness of police. Neither he is named in the F.I.R. nor any incriminating or looted article has been
Patna High Court CR. MISC. No.70499 of 2023(2) dt.06-11-2023 2/2 recovered from his conscious possession. His name has come in this case on the basis of confessional statement of co-accused before the police, which has no evidentiary value in the eye of law. Petitioner is languishing in judicial custody since 18.01.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Muffasil P.S. Case No.437 of 2022. (Sunil Kumar Panwar, J) lata/- U T