Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60453 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- JAMHOR District- Aurangabad ====================================================== Nitish Kumar Son of Vishwas Singh Resident of Village- Jagdishpur, P.S.- Jamhor, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Nivedita Nirvikar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar 2 (APP 71) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Jamhore P.S. Case No. 85 of 2019, registered for the offence punishable under Section 379 of the Indian Penal Code.

FIR has been lodged against unknown for theft of Tractor.

It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. Name of petitioner has come in this case on the basis of confessional statement of co-accused Prince Kumar. Save and except confessional statement of co-accused, there is nothing against this petitioner. The said Tractor has been recovered from possession of co-accused Abhishek Kumar. Considering the facts aforesaid, the petitioner above-

Patna High Court CR. MISC. No.60453 of 2019(4) dt.05-02-2020 2/2 named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 85 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T