Niraj Kumar @ Nikhil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84279 of 2023 Arising Out of PS. Case No.-407 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Niraj Kumar @ Nikhil Kumar, S/O Ajay Prasad Singh, VillageRajendranagar, Road No. 8, Renter Of Nashima Khatoon, P.S.- Kadamkuan, Dist. Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Kankarbagh P.S. Case No. 407 of 2022 for the offence registered under Section 392 of the Indian Penal Code.
3. As per the prosecution case, on the date of occurrence three unknown persons are alleged to have snatched a golden chain and cash of Rs. 5,000/- from the informant on the point of gun.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the confessional statement of co-accused Vishal Kumar who has implicated the petitioner in six other cases also. No
Patna High Court CR. MISC. No.84279 of 2023(3) dt.06-02-2024 2/2 incriminating article has been recovered from possession of the petitioner. F.I.R. has been lodged against unknown. He is in custody since 12.01.2023. Charge-sheet has already been submitted. There is no chance of tampering with the evidence or absconding of the petitioner.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Kankarbagh P.S. Case No. 407 of 2022. (Sunil Dutta Mishra, J) rakhi/- U T