Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10232 of 2024 Arising Out of PS. Case No.-22 Year-2023 Thana- CHAUTHAM District- Khagaria ====================================================== NITISH KUMAR S/O NAGO YADAV Resident of Vill. - Babu Jalim Tola, P.S. - Mansi, Dist.- Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chautham P.S. Case No.22 of 2023 lodged under Section 392 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons and the petitioner is not named in the F.I.R. and there is allegation of robbery against them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that though the petitioner's name has figured in this case by virtue of confessional statement of the co-accused persons, but nothing has been recovered from his possession nor he was put on TIP.

5. Counsel further submits that the petitioner is in

Patna High Court CR. MISC. No.10232 of 2024(3) dt.16-04-2024 2/2 custody since 09.07.2023 and his antecedent is clean.

6. Counsel further submits that the offence under which the petitioner has been charged, is magisterial triable in nature.

7. Learned counsel for the State opposes the prayer for bail and submits that the mobile which was subject to recovery, has been recovered from the possession of the petitioner. He submits that no TIP of person or articles has been made.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, two months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Khagaria in connection with Chautham P.S. Case No.22 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T