Patna High CourtCR. MISC./86420/2024bail granted

Nitesh Kumar v. The State Of Bihar

2025-02-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86420 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- MANIYARI District- Muzaffarpur ====================================================== Nitesh Kumar S/o- Prabhu Bhagat Resident of village- Pakahi, ward number 4 Police Station- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manohar Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 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 Maniyari P.S. Case No. 214 of 2024 dated 11.09.2024 registered for the offences punishable u/ss 303(2) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, the petitioner is alleged to have committed theft of a bag containing gold and silver ornament kept in a dickey of the informant's motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 08.09.2024 but the F.I.R. was lodged on 11.09.2024 and there is no explanation for

Patna High Court CR. MISC. No.86420 of 2024(2) dt.05-02-2025 2/2 this delay. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.09.2024.

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, Muzaffarpur in connection with Maniyari P.S. Case No. 214 of 2024.

7. The application stands allowed.

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