Nitish Kumar @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64552 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== NITISH KUMAR @ NITESH KUMAR Son of Muneshwar Prasad Resident of Village - Usri Tola, P.S.- Basantpur, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harshvardhan Shivsundaram For the Opposite Party/s :

Mr.K.Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Basantpur P.S.Case No.51/19 registered for offences punishable under Section 379 of the Indian Penal Code. As per FIR there is allegation of theft of the motorcycle of the informant and it further appears from the impugned order that later on the informant received information that one Nitish Kumar is interested in selling the motorcycle and on that information he went there and found his motorcycle. Petitioner succeeded in fleeing away.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court CR. MISC. No.64552 of 2019(2) dt.15-10-2019 2/2 circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T