Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83923 of 2024 Arising Out of PS. Case No.-2 Year-2022 Thana- AMAS District- Gaya ====================================================== Nitish Kumar S/o- Ramswarup Paswan village- Kamaldah Ps- Paraiya District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amas P.S. Case No. 02 of 2022 dated 03.01.2022 registered for the offences punishable u/s 394 of the Indian Penal Code.

3. As per the prosecution case, four unknown miscreants ridden on two motorcycles are alleged to have assaulted the informant and snatched the motorcycle of one Sujeet Kumar and also snatched mobile phone and jacket of the informant on the point of pistol.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.83923 of 2024(3) dt.14-02-2025 2/3 this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the self confessional statement of the petitioner which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The co-accused person has already been granted regular bail by this court vide order dated 08.01.2025 passed in Cr. Misc. No. 89474 of 2024. The petitioner has no concern with the alleged offence. The petitioner has six criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 08.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sherghati, Gaya in connection with S.Tr. No. 808/24/212/24 arising out of Amas P.S. Case No. 02 of 2022 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which

Patna High Court CR. MISC. No.83923 of 2024(3) dt.14-02-2025 3/3 on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T