Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11487 of 2025 Arising Out of PS. Case No.-144 Year-2024 Thana- BANGAWON District- Saharsa ====================================================== Nitish Kumar Son of Rana Kumar Mishra @ Rana Mishra village- Bangaon Ward no. 1, Ps- Bangaon, Dist- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Chandra Mohan Jha, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the B.N.S..
3. The prosecution case, in brief, is that on 07.10.2024, while informant was returning home after borrowing Rs. 12,000/- from his relatives in the meantime, this petitioner, along co-accused Manu Kumar and 2-4 unknown persons, came there and told him to hand over all his belonging otherwise they will kill him. On denial, they started assaulting informant with knife and snatched cash of Rs. 12,000/- and silver locket.
Patna High Court CR. MISC. No.11487 of 2025(2) dt.21-03-2025 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case due to village politics. Allegation of assault is general and omnibus and there is no specific accusation of overt act against this petitioner. Doctor has found the injuries allegedly caused by the accused persons to be simple in nature. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation, nature of injuries sustained by the injured and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 A.C.J.M. 1st, Saharsa in connection with Bangaon P.S. Case No. 144 of 2024, subject to
Patna High Court CR. MISC. No.11487 of 2025(2) dt.21-03-2025 3/3 condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T