Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80420 of 2023 Arising Out of PS. Case No.-404 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Nitish Kumar Son of Kedar Yadav Resident of Village - Doman Bag, P.S.- Kawakole, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the State :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kawakole P.S. Case No. 404 of 2023 instituted for the offence under Sections 392 of the Indian Penal Code.

3.

As per prosecution case, on 04-07-2023, while informant was going to his house, some unknown persons assaulted, abused, snatched his motorcycle and cash, thereafter they fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-07-2023. Petitioner has no criminal antecedents.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.80420 of 2023(2) dt.20-12-2023 2/2 counsel that petitioner has been falsely implicated in the present case. It has been submitted by learned counsel for the petitioner that due to confessional statement of co-accused, name of the petitioner has been dragged in this case. Petitioner is not named in the F.I.R. Other co-accused persons have been allowed bail by Co-ordinate Bench of this Court vide order dated 01-122023, passed in Cr. Misc. No. 75309 of 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedents and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Kawakole P.S. Case No. 404 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T