High Court Patna granted bail to an accused in a robbery case involving alleged IPC Section 395 offence. Considered original order of conviction and antecedents.
Petitioner directed to be released on bail by furnishing bond with two sureties subject to CrPC Section 437(3) conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22432 of 2023
Arising Out of PS. Case No.-128 Year-2021 Thana- MIRGANJ District- Gopalganj
======================================================
Nitish Kumar @ Nehal @ Nitesh Kumar Son Of Ramashish Sah Resident Of Village- Amtha Bhuwan, Ps- Uchkagaon, Distt- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 26-04-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Patna High Court CR. MISC. No.22432 of 2023(2) dt.26-04-2023 2/3
case merely on the basis of his past criminal antecedent. Learned counsel further submits that while rejecting the prayer of bail vide order dated 08.06.2022, this Court directed that if the trial was not concluded within a period of eight months, the petitioner would be at liberty to renew his prayer for bail. The petitioner is in custody since 09.08.2021 and charges have been framed.
Patna High Court CR. MISC. No.22432 of 2023(2) dt.26-04-2023 3/3
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
himanshu/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in the present stage of the trial given his custody period and lack of incriminating evidence against him.
1 provisions across 1 enactments
Nitish Kumar @ Nehal @ Nitesh Kumar
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
