Patna High CourtCR. MISC./67116/2022bail granted

Nitish Kumar @ Aditya Kumar v. The State Of Bihar

2023-03-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67116 of 2022 Arising Out of PS. Case No.-234 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== NITISH KUMAR @ ADITYA KUMAR Son of Vishwanath Prasad R/VNohta, P.S.- Fatuha, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 414 of the Indian Penal Code and Section 26 and 25(1-b)a of the Arms Act. As per the prosecution case, one loaded country-made pistol, three live cartridges and one motorcycle were recovered from the possession of the petitioner who was apprehended by the police.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.67116 of 2022(2) dt.23-03-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. So far as the seized motorcycle is concerned, the petitioner is the owner of the said motorcycle. Learned counsel has further submitted that the charge sheet has been submitted in this case. The petitioner has one more criminal case in which the petitioner is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna City (Patna) in connection with Khushrupur P. S. Case No. 234 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T