Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80016 of 2023 Arising Out of PS. Case No.-817 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Nitesh Kumar Son Of Krishn Nandan Yadav Resident Of Village- Kumar, PsSikandra, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Irshad, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Lakhisarai (Kabiya) P.S Case No. 817 of 2022 registered for the offences punishable under Sections 379 of the I.P.C

3. As per prosecution case, unknown theft has stolen a motorcycle and a bike of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner's name surfaced from the confessional statement of the co-accused. It is also

Patna High Court CR. MISC. No.80016 of 2023(3) dt.29-02-2024 2/3 submitted that petitioner is in judicial custody since 22.06.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabiya) P.S Case No. 817 of 2022.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall

Patna High Court CR. MISC. No.80016 of 2023(3) dt.29-02-2024 3/3 be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T