Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3672 of 2025 Arising Out of PS. Case No.-696 Year-2022 Thana- BANKA District- Banka ====================================================== Nitesh Kumar S/o Surendra Yadav R/o Village- Kukurgora, P.S.- Banka, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate Mr.Ravi Prakash Dwivedi, Advocate Mr.Roushan Kumar, Advocate Mr.Nishant Kumar, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-02-2025 Heard Mr. Praveen Kumar along with Mr. Ravi Prakash Dwivedi, Mr. Roushan Kumar and Mr. Nishant Kumar, learned counsels appearing on behalf of the petitioner and Ms. Meena Singh, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Banka P.S.Case No.696 of 2022, registered for the offences punishable under Sections 356 and 379 of the Indian Penal Code and later on Section 411 of the IPC was added.

3. The allegation is against unknown, who had allegedly snatched Rs.7,000/- and a Mobile Phone.

4. Learned counsel appearing on behalf of the petitioner submitted that the stolen articles were recovered from the co-accused persons and the name of the petitioner has surfaced on the basis of the confessional statement of the coaccused. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

Patna High Court CR. MISC. No.3672 of 2025(2) dt.19-02-2025 2/2

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made made against the petitioner, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka/concerned court, in connection with Banka P.S.Case No.696 of 2022, subject to conditions as laid down under Section 482(2) of BNSS of 2023

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

8. It is made clear that the learned district court must have been very specific and not confusing while mentioning the name of the accused person(s) in the impugned order, from whom the stolen articles were recovered.

(Purnendu Singh, J) chn/- U T