Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2355 of 2024 Arising Out of PS. Case No.-396 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Nitish Kumar SON OF Ajay Kumar Resident Of Village- Lakmohna, PsNemdarganj, Distt- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hansraj For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 413, 419, 511, 420, 426, 120(B) of the Indian Penal Code and Sections 65, 66, 84(c) of the I.T. Act.
3. It is alleged that co-accused Prabhakar Kumar was caught on spot while he was pasting helpline number in the ATM who disclosed that he along with the petitioner involved in cheating the innocent people by forgery. From possession of coaccused, some ATM cards, AADHAR cards and mobile phones have been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.2355 of 2024(2) dt.30-01-2024 2/2 falsely been implicated in this case. The petitioner was not apprehended on spot and nothing has been recovered from his conscious possession. His name was disclosed by co-accused Prabhakar Kumar who was caught on spot. It is further submitted that the petitioner is languishing in judicial custody since 3.10.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mokama P.S. Case No. 396 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh. (Sunil Kumar Panwar, J) Amandeep/- U T