Patna High CourtCR. MISC./1469/2024bail granted

Nitish Kumar v. The State Of Bihar

2024-01-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1469 of 2024 Arising Out of PS. Case No.-722 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Nitish Kumar S/o Ramchandra Rishideo R/o Village brindawan, ward No. 08, P.S.- Murliganj, Dist.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

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

2. The petitioner has preferred this application for grant of regular bail in connection with Madhepura (Bharrahi O.P.) P.S. Case no. 722 of 2023 registered under sections 392 and 411 of the Indian Penal Code and sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that seeing the police personnel the accused persons made an attempt to escape but were caught. On search one live cartridge besides other articles were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He

Patna High Court CR. MISC. No.1469 of 2024(2) dt.24-01-2024 2/2 is in custody since 13.7.2023 and has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner being in custody for 6 months since 13.7.2023, not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Madhepura (Bharrahi O.P.) P.S. Case no. 722 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-1st Class, Successor Court, Madhepura.

(Partha Sarthy, J) Harsh/- U T