Niwas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7034 of 2018 Arising Out of PS. Case No.-170 Year-2017 Thana- NALANDA District- Nalanda ====================================================== Niwas Kumar, Son of Kamla Prasad, Resident of Village- Jagdishpur Tiyari, P.S.- Noorsarai, District- Nalanda.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. S.N.P.Sinha, Sr. Adv.

Ms. Rashmi Bharti, Adv.

For the Opposite Party/s :

Mrs. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-02-2018 Heard Sri S.N.P.Sinha, learned Senior Counsel, assisted by Ms. Rashmi Bharti, learned counsel for the petitioner and Smt. Sangeeta Sharma, learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Nalanda P.S. Case No.170 of 2017 registered for the offence under Sections 399/402 of the Indian Penal Code, has prayed for grant of bail, in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that the petitioner has been made accused on the basis of confessional statement of one of the accused, with whom the petitioner was having some animosity. He further submits that after lodging of the present case, the petitioner was falsely made accused in another case i.e. Nalanda P.S. Case No.171 of 2017.

Patna High Court Cr.Misc. No.7034 of 2018(2) dt.13-02-2018 2/2 Besides hearing learned counsel for the parties, I have also perused the material on record and after going through the same, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of his arrest or surrender within six weeks from today, let the petitioner, namely, Niwas Kumar be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Nalanda P.S. Case No.170 of 2017, subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T