Patna High CourtCR. MISC./47113/2018bail granted

Nitish Kumar v. The State Of Bihar

2018-08-29Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47113 of 2018 Arising Out of PS.Case No. -226 Year- 2017 Thana -BAKHTIYARPUR RAIL P.S. DistrictPATNA ======================================================

1. Nitish Kumar Son of Triloki Singh Resident of Village Dhanrajtola, P.S. Khushrupur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhola Kumar For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 19.03.2018 in connection with G.R.P. Bakhtiyarpur (Fatuha) P.S. Case No. 226 of 2017 registered for the offences punishable under Sections 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that though not named in the First Information Report but on the basis of confessional statement made before the police by the co-accused, namely, Manish Kumar, the petitioner has been implicated in connection with the present case. It is further submitted that apart from the present case, petitioner has one other antecedent under the Excise Act and he is being prosecuted on the basis of confessional statement of co-accused which has no evidentiary value. It is also submitted that pursuant to such confession neither has there been any recovery from the petitioner nor has he been placed on the T.I. Parade.

Patna High Court Cr.Misc. No.47113 of 2018 (2) dt.29-08-2018 2/2 Considering the aforementioned facts and circumstances, 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 A.C.J.M., Railway, Patna, in connection with G.R.P. Bakhtiyarpur (Fatuha) P.S. Case No. 226 of 2017.

(Anjana Mishra, J) Saif/- .

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