Nishant Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Nishant Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Nalanda, in connection with Asthawan P.S. Case No. 179 of 2023, subject to the condition of remaining physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to cancellation.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Asthawan P.S. Case No. 179 of 2023 (offences punishable under Ss. 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act).

Court's answer

Considering the facts and circumstances of the case, the nature of allegation levelled against the petitioner and the period of custody, the Court directed the petitioner to be enlarged on bail on furnishing a bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Nalanda, in connection with Asthawan P.S. Case No. 179 of 2023.

Ratio / Principle

The grant of bail was made subject to the condition that the petitioner remain physically present before the learned Court below on each and every date; failure to do so on two consecutive dates without reasonable cause renders the petitioner's bail bond liable to cancellation.

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), Criminal Miscellaneous No. 16235 of 2024, decided 16-05-2024: Regular bail granted to Nishant Kumar s/o Phuleshwar Paswan in connection with Asthawan P.S. Case No. 179 of 2023 (District Nalanda), registered for offences punishable under Sections 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act, concerning an alleged bank robbery of 18.09.2023 in which, per the prosecution case, seven armed miscreants looted Rs. 15,04590 at pistol point. Counsel for the petitioner argued that he was innocent, not named in the F.I.R., implicated merely on suspicion with general and omnibus allegations, that no incriminating article was recovered from his conscious possession, that he had two criminal antecedents, and that he was in custody since 01.09.2023; the learned A.P.P. opposed the prayer. Considering the facts, nature of allegations and period of custody, the Court enlarged the petitioner on a bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Nalanda, conditioned on his physical presence before the Court below on each and every date, the bail bond being liable to cancellation on two consecutive unjustified absences. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16235 of 2024

Arising Out of PS. Case No.-179 Year-2023 Thana- ASHTHAWAN District- Nalanda

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

Nishant Kumar Son of Phuleshwar Paswan Resident of Village- Latipur, P.S.Nagarnausa, District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar Patna

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Sinha, Adv For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP

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

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 16-05-2024

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 Asthawan P.S. Case No. 179 of 2023 dated 18.07.2023 registered for the offences punishable u/s 395 and 397 of the Indian Penal Code and Section 27 of the Arms Act.

3 . As per the prosecution case, on 18.09.2023 at about 2:00 P.M., when the informant being assistant manager, was taking breakfast with the bank’s staff, suddenly, seven miscreants holding pistol and country made katta entered the bank and looted Rs. 15,04590 ( 4,04590+10,000 + 1,00,000) of the

Patna High Court CR. MISC. No.16235 of 2024(3) dt.16-05-2024 2/3

Bank on the point of pistol. They also assaulted Shrawan Kumar and took passbook and cheque book of one customer. They damaged computer and fled away firing two rounds.

4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. and the name of the petitioner has transpired in this case merely on the basis of the suspicion. There is general and omnibus allegation against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.09.2023.

5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda in connection with Asthawan P.S. Case No. 179 of 2023, with a condition/s:-

Patna High Court CR. MISC. No.16235 of 2024(3) dt.16-05-2024 3/3

( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7 . The application stands allowed.

(Chandra Prakash Singh, J)

Jyoti/-

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