Nikki Thatheri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72510 of 2024 Arising Out of PS. Case No.-458 Year-2022 Thana- KOTWALI District- Munger ====================================================== Nikki Thatheri S/o Ranjeet Prasad Thatheri @ Ranjeet Kasera R/o VillagePurabsarai, Ward No.16, P.S.- Purabsarai (O.P.), District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Choudhary For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 457, 380, 411/34 of the Indian Penal Code. The prosecution case as per F.I.R is that two thieves entered into the house of the informant and stolen away mobile phones, ATM cards and cash of Rs. 1000/-. They also snatched gold chain worth Rs. 50,000/- from the neck of the sister of the informant while she was sleeping.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.72510 of 2024(2) dt.17-10-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was arrested from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has been roped in the present case only on the basis of confessional statement of the co-accused. The petitioner has been remanded in this case on 15.04.2024 from Jamalpur P.S. Case No. 91 of 2023 and since then he is in custody.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali (Basudeopur O.P) P.S. Case No. 458 of 2022, subject to

Patna High Court CR. MISC. No.72510 of 2024(2) dt.17-10-2024 3/3 the conditions that (i) one of the bailors will be the close family member of the petitioner (ii) petitioner will physically present on each and every date before the trial Court till framing of the charge.

(S. B. Pd. Singh, J) Shageer/- U T