Nilesh Kushwaha @ Nilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69050 of 2024 Arising Out of PS. Case No.-308 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Nilesh Kushwaha @ Nilesh Kumar S/O Rajalal Kushwaha @ Rajalal Bhagat Resident of- Kakarkund, PS and Distt- Gopalganj ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Sager Sharma, Advocate For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Gopalganj P.S. Case No. 308 of 2024 registered for the offences under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.
3. The petitioner is named in the First Information Report and is in custody since 26.06.2024.
4. Allegation against the petitioner is to involve in selling of forged e-court fees alongwith other co-accused persons and thus by causing a lawful lass to government revenue.
5. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.69050 of 2024(2) dt.20-09-2024 2/3 behalf of the petitioner that petitioner implicated falsely with this case and mere on the basis of fact as he was the typist of main accused person namely, Naveen Chandra Singh. It is submitted that petitioner was remanded in this case from Gopalganj P.S. Case No. 128/2024. It is further pointed out that no incriminating material recovered/surfaced during course of investigation or recovered from conscious physical possession of this petitioner. While concluding his argument, it is submitted that similarly situated accused person namely, Ashok Sahani has been granted privilege of regular bail by this Court through Cr. Misc. No. 41142/2024 dated 13.06.2024.
6. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
7. Considering the facts and circumstances as implication of this petitioner prima-facie appears on the basis of suspicion, where no incriminating material appears to be recovered from this petitioner, coupled with the fact that petitioner is in custody since 26.06.2024, accordingly, above-named petitioner is directed to be released on bail,
Patna High Court CR. MISC. No.69050 of 2024(2) dt.20-09-2024 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/concerned court, in connection with Gopalganj P.S. Case No. 308 of 2024, subject to the condition as laid down under Section 437 (3) Cr.P.C/Section 480(3) of the Bhartiya Nyaya Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T