Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10298 of 2025 Arising Out of PS. Case No.-341 Year-2024 Thana- TRIVENIGANJ District- Supaul ====================================================== Nitish Kumar S/o Binod Yadav R/o Village- Maura Khap, PS- Shankarpur, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2025 Heard Mr. Shekhar Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Abhay Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Triveniganj P.S. Case No. 341 of 2024 registered for the offence punishable under Sections 309(6) and 372(2) of the BNS, 2023 and Section 27 of the Arms Act.

3. As per the allegation made in the F.I.R. which is against unknown, some unknown persons looted the mobile phone and cash of Rs. 64,400/- which was collected by the informant who is agent of L&T Finance Company.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent having clean antecedent. Name of the petitioner has surfaced in the case on the basis of confessional statement of co-accused Alok Kumar.

Patna High Court CR. MISC. No.10298 of 2025(3) dt.13-05-2025 2/2 Said Alok Kumar has been released on regular bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submitted that the petitioner is member of the gang and his complicity cannot be denied from the alleged robbery.

6. Having considered the rival submissions made on behalf of the parties as well as the case diary, I find that only minuscule evidence has been collected against the petitioner in course of investigation, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the concerned court in connection with Triveniganj P.S. Case No. 341 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The 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 Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T