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Patna High CourtCR. MISC./83610/2019rejected

Nitish Kumar v. The State Of Bihar

2019-12-20Mr. Justice Arvind Srivastava2 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83610 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- GARAHARA RPF/POST DistrictBegusarai ====================================================== NITISH KUMAR S/o Ramanand Rai R/o village- Chakiya Ward No. 04, P.S.- Chakiya O.P., District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Ishwar Prasad For the Opposite Party/s :

Dr. Indiwar Kumari,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Garhara R.P.F. Post Case No. 07 of 2019 registered under section 3 R.P. (U.P.) Act pending in the Court of Railway Judicial Magistrate, Barauni, Begusarai.

Submission of learned counsel for the petitioner is that petitioner is a student. He is innocent and has falsely been implicated in the present case. Further submission is that petitioner has no concerned with the alleged recovery. Petitioner is in custody since 17.08.2019.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending

Patna High Court CR. MISC. No.83610 of 2019(3) dt.20-12-2019 2/2 that there is direct allegation of theft against the petitioner. He was caught by the Police with railway property. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/- U T