Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74253 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- SUPAUL District- Supaul ====================================================== NITISH KUMAR SON OF LALMOHAN MANDAL RESIDENT OF VILLAGE - NAVTOL, THUMAHA, WARD NO.06, P.S. - PIPRA, DISTRICT - SUPAUL, STATE - BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kuldeep Kumar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Supaul P.S. Case no.25 of 2023 registered under sections 307, 341, 323, 385, 353, 186, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have misbehaved with the Principal Magistrate during proceedings of the Juvenile Justice Board and of having threatened him with dire consequence. It is further stated that he caught hold of the collar of the informant and also assaulted him.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.74253 of 2023(4) dt.29-02-2024 2/3 case. The allegations have been blown out of the proportion. The petitioner is in custody since 20.1.2023 and charge has been framed in the case. He undertakes to cooperate in the trial and to abide by the conditions which may be laid by this Court for his release on bail

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., together with the petitioner having remained in custody for 1 year since 20.1.2023 and charge having been framed in the case on 26.4.2023, the Court directs the petitioner to be enlarged on bail in connection with Supaul P.S. Case no. 25 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.- 7th , Supaul on the following conditions:-

(1) One of the bailors of the petitioner shall be the father of the petitioner.

(2) The petitioner shall remain physically present in Court on each date of the trial.

(3) In case the petitioner is absent on any date for reasons not to the satisfaction of the learned trial Court or the learned trial Court is of the opinion that the trial is being delayed due to

Patna High Court CR. MISC. No.74253 of 2023(4) dt.29-02-2024 3/3 non-cooperation on part of the petitioner, the learned trial Court will be at liberty to cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash U