Patna High CourtCR. MISC./36756/2018bail granted

Nitesh Kumar v. The State Of Bihar

2018-07-17Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36756 of 2018 Arising Out of PS.Case No. -146 Year- 2018 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Nitesh Kumar S/o Bali Ram Thakur @ Bachhan Thakur, R/o MohallaAnaith, P.S.- Ara Nawada, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarveshwar Tiwary For the Opposite Party/s : Ms. Renuka Ratnakar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 01.03.2018 in connection with Ara Nawada P.S. Case No. 146/2018 registered for the offences punishable under Sections 414/419/420/341 of the Indian Penal Code.

Learned counsel for the petitioner submits that the alleged recovery of motorcycle was from one Amresh Kumar, but the said Amresh Kumar has taken the name of the present petitioner stating that he had taken the motorcycle from the petitioner. It is under such circumstances that the petitioner has been taken into custody. Learned counsel for the petitioner further submits that on the basis of the confessional statement made before the police by a co-accused, the petitioner cannot be

Patna High Court Cr.Misc. No.36756 of 2018 (2) dt.17-07-2018 2/2 prosecuted as the same has no evidentiary value. Considering the aforementioned facts and circumstances and that the petitioner is not having any criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 146/2018.

(Anjana Mishra, J) Saif/- U T