Patna High CourtCR. MISC./79846/2023bail granted

Nitish Thakur @ Nitish Kumar v. The State Of Bihar

2024-01-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79846 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== 1.

NITISH THAKUR @ NITISH KUMAR S/O BABLU THAKUR R/O VILLAGE- SONMA, P.S- GARHPURA, DISTT.- BEGUSARAI. 2.

KUNDAN KUMAR S/O KAMAL KISHORE MUKHIYA @ KAMAL MUKHIYA R/O VILLAGE- SONMA, P.S- GARHPURA, DISTT.- BEGUSARAI.

... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 379 and 411 of the Indian Penal Code.

3. Allegation against these petitioners is that they along with other co-accused persons looted the motorcycle of the informant.

4. 4. It is submitted on behalf of the petitioners that the name of the petitioners transpire during the course of the investigation based on the confessional statements of other coaccused persons who were apprehended on the spot. No

Patna High Court CR. MISC. No.79846 of 2023(2) dt.10-01-2024 2/2 incriminating material has been recovered from the possessions of the petitioners. Except for the confessional statement, there is nothing to show the complicity of the petitioners in the present case. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate , Begusarai in connection with Bakhri P.S. Case No. 312 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T