Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70186 of 2024 Arising Out of PS. Case No.-140 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== Nitish Kumar S/O Bhagendra Yadav Resident of Village- Kumiahi, P.S. Tribeniganj, District- Supaul (852139) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shahid Aqubal For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. Learned counsel for the petitioner is permitted to make necessary correction in para-1 in his bail application.

3. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Tribeniganj P.S. Case No. 140 of 2021 instituted for the offence under Section 392 of the Indian Penal Code.

4. The case of the prosecution is that the informant has collected Rs. 1,700/- from one consumer and was returning back. He was followed by four persons on two bikes,

Patna High Court CR. MISC. No.70186 of 2024(2) dt.25-10-2024 2/3 they overtook him and stopped the bike of the informant, they took away the cash and driving licence and Rs. 1,000/- of the informant.

5. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He is a person with clean antecedent. It is clear from the FIR that it has been lodged by unknown miscreants during investigation one Md. Afroz was apprehended and he has given his confessional statement and on his confession, the name of this petitioner has surfaced.

6. In contra, learned APP appearing for the State opposed the prayer of bail of the petitioner.

7. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Tribeniganj P.S. Case No. 140 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul

Patna High Court CR. MISC. No.70186 of 2024(2) dt.25-10-2024 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T