Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83210 of 2024 Arising Out of PS. Case No.-256 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Nikhil Kumar, S/O Ravi Bhushan Kumar, Resident of Village- Dhangadhwa, P.S- Raxaul, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Raxaul P.S. Case No. 256 of 2024 instituted for the offence under Sections 309(4), 317(2) of the B.N.S., 2023.

3. The case of the prosecution is that while the informant along with his friend was going on a bike, three persons intercepted them and tried to snatch their mobile and bike. The mobile of the informant was snatched by one of the miscreants. One person tried to run away with the bike but he was apprehended with the help of the passersby. He was identified as Saurabh Singh.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No. 83210 of 2024(2) dt.12-12-2024 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. His name has surfaced in this case only on the basis of confessional statement of apprehended co-accused Saurabh Singh. Nothing has been recovered from his possession. Petitioner is a student and he is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Raxaul P.S. Case No. 256 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T