Nitish Kumar @ Chuhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18476 of 2026 Arising Out of PS. Case No.-69 Year-2025 Thana- GURUA District- Gaya ====================================================== Nitish Kumar @ Chuhiya S/o Upendra Yadav Resident of village- Mahadev sthan, PS- Gurua, District- Gayaji ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Anand, Advocate For the State :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2026 Heard Mr. Abhishek Anand, learned counsel for the petitioner and Mr. Navin Kumar Pandey, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 27.12.2025, in connection with Gurua P.S. Case No. 69 of 2025, F.I.R. dated 15.02.2025 registered for the offences punishable under Sections 309(4) of the B.N.S.

3. The prosecution case, in brief, is that four accused persons came with motorcycle and stopped the informant and pointed a gun on his neck and snatched two mobile phones and Rs. 4200/- as well as snatched his motorcycle also.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named

Patna High Court CR. MISC. No.18476 of 2026(2) dt.24-03-2026 2/3 in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement of co-accused person and one looted motorcycle was recovered behind the house of the petitioner. Learned counsel for the petitioner further submits that the looted motorcycle was not recovered from the house of the petitioner but the same was recovered behind the house of the petitioner in the forest and the petitioner is in custody since 27.12.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, Gaya Ji in connection with Gurua P.S. Case No. 69 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.18476 of 2026(2) dt.24-03-2026 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T