Patna High CourtCR. MISC./82148/2023allowed

Nitish Kumar v. The State Of Bihar

2024-01-11Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82148 of 2023 Arising Out of PS. Case No.-846 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== Nitish Kumar Son of Manoj Chaudhary R/O Village- Chakdharha Kurtha Bajar, P.S.- Makhdumpur (tehta O.P.), Dist.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Jehanabad Town P.S. Case No. 846 of 2023, registered for the offences punishable under Section 392 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, it is alleged that the petitioner alongwith other co-accused tried to loot the informant on the point of pistol.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case. He further submits that the petitioner has been arrested only on the basis of suspicion that petitioner was working as a liner. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.82148 of 2023(2) dt.11-01-2024 2/2 possession of the petitioner and no T.I.P. has been held. It is further submitted that the petitioner is a young boy of aged about 21 years having no criminal antecedent and he is in jail custody since 07.09.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Town P.S. Case No. 846 of 2023.

(Sunil Dutta Mishra, J) ritik/- U T