Nitesh Nayan @ Murla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4387 of 2024 Arising Out of PS. Case No.-313 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== NITESH NAYAN @ MURLA S/O NAVIN KUMAR JHA @ NAVIN JHA Vill.- Pidhauli, P.S.-Teghra, Dist.-Begusarai, BIHAR- 851133 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shashi Priya, Advocate Ms. Richa, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-01-2024

1. 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 Sessions Trial no.755 of 2023, arising out of Bachhwara P.S Case no.313 of 2022 registered under sections 392 and 397 of the Indian Penal Code.

3. As per the prosecution case, the informant states that four accused persons on a motorcycle on the point of pistol looted the informant of his mobile phone and other articles as described in the FIR.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. Referring to the order of the learned trial Court, it is submitted that the name of the petitioner transpired in the confessional statement of a co-

Patna High Court CR. MISC. No.4387 of 2024(2) dt.31-01-2024 2/2 accused made before police. No incriminating article has been recovered from his possession. The petitioner is in custody since 24.3.2023 and charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the material that has transpired in course of investigation as is evident from the order of the learned trial Court, no incriminating article having been recovered from the petitioner's possession, his having remained in custody since 24.3.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.755 of 2023 (arising out of Bachhwara P.S Case no.313 of 2022) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeII, Begusarai. (Partha Sarthy, J) Shiv/- U T