Niwas Kumar @ Niwas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8924 of 2025 Arising Out of PS. Case No.-165 Year-2024 Thana- KATORIYA District- Banka ====================================================== Niwas Kumar @ Niwas Yadav Son of Kapildeo Yadav @ Bangali Yadav @ Kapildev Yadav Resident of village - Telangwa, Police Station - Katoriya, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the informant : Mr. Rabish Kumar, Adv. Mr. Anand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Katoriya P.S. Case No. 165 of 2024 registered for the offence punishable under Section-103 B.N.S.

3. As per allegation, the son of the informant along with his friends went to Deoghar and in the way, he stopped his vehicle and proceeded to defecate with his friend towards a bush and in the meanwhile, the miscreants tried to snatch the mobile of son of the informant (Mob No. 9304527449) and on protest made by him, he was inflicted knife blows as a result of which, the son of the informant sustained grievous injury and he

Patna High Court CR. MISC. No.8924 of 2025(3) dt.14-05-2025 2/3 was brought to Referral Hospital, Katoria where the doctor declared him dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. The co-accused Vikash Yadav was arrested in another case and he furnished his confessional statement in which, the name of this petitioner has also figured and the petitioner was arrested. It has further been submitted that except the confessional statement of Vikash Yadav, there is nothing against the petitioner. The confessional statement of co-accused Vikash Yadav does not lead to recovery of any incriminating article.

5. On the otherhand, learned counsel appearing for the State assisted by learned counsel for the informant has opposed the prayer for bail by submitting that the petitioner has got criminal antecedents and his name has figured in confessional statement of co-accused.

6. From perusal of the case diary, it appears that no incriminating material has been elicited on the basis of disclosure in confessional statement rendered by co-accused Vikash Yadav.

5. Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.8924 of 2025(3) dt.14-05-2025 3/3 let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-I, Banka in connection with Sessions Trial No. 481 of 2024 arising out of Katoriya P.S. Case No. 165 of 2024.

(Nawneet Kumar Pandey, J) A.K.V.//- U T