Nitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1865 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- KARJA District- Muzaffarpur ====================================================== 1.
Nitesh Kumar S/O Dinesh Sahani Resident of Village- Marwan, P.S- Karja, District- Muzaffarpur.
2.
Ranjeet Sahani S/O Late Bhola Sahani Resident of Village- Marwan, P.SKarja, District- Muzaffarpur. 3.
Praveen Kumar @ Parween Kumar S/O Shiv Shankar Sahani Resident of Village- Marwan, P.S- Karja, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sagar Kumar, Advocate Mr. Sharad Kumar Verma, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2025
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Karja P.S Case no.201 of 2024 registered under sections 310(4), 310(5) and 317(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, the informant states that having received information about the accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. The three petitioners herein were caught and various incriminating articles including a loaded pistol etc as stated in the FIR was recovered from their possession.
Patna High Court CR. MISC. No.1865 of 2025(3) dt.11-04-2025 2/2
4. Learned counsel for the petitioners submits that no incriminating article was recovered from their possession and they have been falsely implicated in the case. They have no criminal antecedent and are in custody since 27.8.2024. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P for the State, who submits that a loaded country made pistol was recovered from the possession of petitioner no.1, a cartridge from the possession of petitioner no.2 and a dagger from the possession of petitioner no.3.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR, the petitioners having remained in custody for more than 7 months since 27.8.2024, not having any criminal antecedent and charge-sheet having been submitted in the case, all the three petitioners are directed to be enlarged on bail in connection with Karja P.S Case no.201 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur West, District-Muzaffarpur. (Partha Sarthy, J) Shiv/- U