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Nitish Kumar @ Nitesh Kumar v. The State of Bihar

Patna HC25 Jan 2019CR. MISC./3979/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the Patna High Court granted regular bail to the petitioner charged with theft under Sections 379, 401, and 411 IPC, finding that no recovery was made from his possession and he had clean antecedents.

What did the court decide?

Petitioner to be enlarged on regular bail on furnishing a bond of Rs. 10,000/- with two sureties of the like amount.

Nitish Kumar @ Nitesh Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3979 of 2019

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Arising Out of PS. Case No.-339 Year-2018 Thana- TEGHRHA District- Begusarai

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======================================================

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Nitish Kumar @ Nitesh Kumar s/o Navin Kumar Jha Resident of Village – Pidhauli, PS-Teghra, Dist-Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 25-01-2019

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Heard the learned counsel for the petitioner and the

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learned counsel for the State.

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The petitioner seeks regular bail in connection with Teghra PS case no. 339 of 2018 registered for the offence punishable under Sections 401, 379, 411 of Indian Penal Code.

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The allegation is regarding theft of motorcycle of the informant and it is alleged that the petitioner herein and one other accused person were arrested when they were trying to flee away after throwing the stolen motorcycle on the road.

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The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since 13.09.2018. Lastly, it is submitted that no recovery has been

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Patna High Court Cr.Misc. No.3979 of 2019(2) dt.25-01-2019 2/2

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made from the conscious possession of the petitioner, hence the petitioner cannot be said to be having any complicity in the matter.

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Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

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Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Teghra PS case no. 339 of 2018.

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(Mohit Kumar Shah, J)

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rinkee/-

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U T

Nitish Kumar @ Nitesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Kumar @ Nitesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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