Nilesh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83659 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Nilesh Patel S/O Ashok Singh @ Ashok Kumar Singh Resident Of VillageNadula (Oragaw), P.S.- Bhagwanpur, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-01-2024 This is the second attempt of the petitioner for grant of regular bail as earlier the bail application of the petitioner was rejected vide order dated 18.05.2023 passed in Cr. Misc. No. 24081 of 2023.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 223 of 2022 registered for the offence under Section 363 of the Indian Penal Code and later Sections 324, 302, 201 and 34 of the Indian Penal Code were also added.

4. As per the prosecution case, the petitioner along with other four accused persons have participated in brutal

Patna High Court CR. MISC. No.83659 of 2023(2) dt.12-01-2024 2/3 killing of the deceased.

5. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has been named only on the basis of suspicion as the petitioner and others were last seen with the deceased.

6. It has further been submitted by the learned counsel for the petitioner that the petitioner is in custody since 21.10.2022.

7. It has also been submitted by the learned counsel for the petitioner that other co-accused persons namely Sonu Patel, Yogendra Patel, Ganesh Patel and Pradumman Patel have already been granted bail by this Court vide orders dated 18.07.2023 and 11.07.2023 passed in Cr. Misc. No. 25155 of 2023 and Cr. Misc. No. 13962 of 2023 respectively and the trial will take time so the petitioner may be granted bail.

8. Learned APP for the State vehemently opposed the prayer for bail.

9. Considering the aforesaid facts, the period of custody and also considering the grounds of bail to the other coaccused persons, this application is allowed.

10. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.83659 of 2023(2) dt.12-01-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned ACJM-V in connection with Bhagwanpur P.S. Case No. 223 of 2022.

11. As a condition of this order, the petitioner, being released on bail is directed to co-operate in the trial. (Sandeep Kumar, J) Vikas/- U T