Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75874 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== NITISH KUMAR SON OF MANOJ KUMAR GIRI RESIDENT OF VILLAGE- KALYANPUR, PS- BIBHUTIPUR, DISTT- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 411, 414&34 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
3.As per allegation in the FIR, in course of vehicle checking, three miscreants sitting on a motorcycle were intercepted by the police officials and on search, from possession of the petitioner one loaded desi katta was recovered. From two other co-accused persons recovery of arms, mobile etc. have been made.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Only
Patna High Court CR. MISC. No.75874 of 2023(2) dt.30-11-2023 2/2 because of the antecedent, petitioner has been made soft target by the police officials. There is no seizure list of each petitioner which itself violates the provision of law. Petitioner is languishing in judicial custody since 15.6.2023.
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 ACJMI, Dalsingh Sarai, Samastipur in connection with Dalsingh Sarai P.S. Case No. 247 of 2023.
(Sunil Kumar Panwar, J) sushma/- U