Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78070 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- CHAORI District- Bhojpur ====================================================== Nitesh Kumar, S/o- Sanjay Singh @ Sanjay Kumar, Resident of VilageRatanpur, PS- Aayar District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Chaori P.S. Case No.102 of 2024 registered for the offence punishable under Sections 309(4), 317(2), 317(3) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution is that as the informant reached near cottage of Panchhari Baba, three miscreants on a bike intercepted him and on gun point snatched his mobile, assaulted him and also took away Rs. 5000/- from his pocket. The case was registered against unknown miscreants.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.78070 of 2024(3) dt.27-01-2025 2/2 case. It is further submitted that during course of investigation, the petitioner and one Anish Kumar were apprehened. the learned counsel for the petitioner has submitted that a mobile was recovered from the possession of the petitioner but the IMEI number as described under F.I.R. does not match with the recovered mobile. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 25.08.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhojpur, Ara in connection with Chaori P.S. Case No. 102 of 2024.

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