Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5886 of 2024 Arising Out of PS. Case No.-115 Year-2022 Thana- PASRAHA District- Khagaria ====================================================== Nitish Kumar, S/o Achchelal Yadav R/o Village - Bandehra, P.S. - Pasraha, Dist. - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Pasraha P.S. Case No. 115 of 2022 for the offences registered under Sections 302, 201, 34, 120B of the Indian Penal Code and Section 27(3) of Arms Act.
3. As per the prosecution case, son of the informant was murdered by the F.I.R. named accused persons along with unknown persons. Petitioner is named in this case by the coaccused Naresh Yadav.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. He has committed no offence. Police after investigation given clean-chit to the named
Patna High Court CR. MISC. No.5886 of 2024(2) dt.09-02-2024 2/2 accused persons. Later on, name of the petitioner transpired on the basis of confessional statement of co-accused Naresh Yadav. Except confessional statement, there is no material against the petitioner. No incriminating material has been recovered from possession of the petitioner. Petitioner has two criminal antecedents in which he is on bail. He is in custody since 31.05.2023.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Pasraha P.S. Case No. 115 of 2022. (Sunil Dutta Mishra, J) rakhi/- U T