Nitish Kumar @ Nitish Kumar Mahto @ Neeteesh Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2490 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== Nitish Kumar @ Nitish Kumar Mahto @ Neeteesh Kumar Mehta S/O Arun Mehta R/O Village- Yogiraj, P.S- Puraini, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 379, 401, 413, 414, 34 of the Indian Penal Code.

There is recovery of stolen motorcycle from the house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.2490 of 2024(2) dt.30-01-2024 2/3 been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The petitioner has been roped in the present case only on the confessional statement of co-accused which has no evidentiary value in the eye of law. Moreover, nothing has been recovered from the conscious possession of the petitioner and the petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 16.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Dhamdaha P.S.

Patna High Court CR. MISC. No.2490 of 2024(2) dt.30-01-2024 3/3 Case No. 203 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T