Nitish Kumar @ Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27047 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Nitish Kumar @ Nitish Yadav Son of Late Baidhnath Yadav @ Late Bhulan Yadav Resident of village- Gauravgarh, Police Station and District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Supaul P.S. Case No. 264 of 2023 instituted for the offence under Sections 341, 323, 379, 302 and 34 of the Indian Penal Code. 3.

As per the prosecution case, the petitioner is alleged to have committed murder of the son of the informant and thrown his dead boy. When the informant found dead body of his son, he registered the FIR, against the petitioner along with others.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-11-2023. Petitioner bears two criminal antecedents as mentioned para-3 of the bail

Patna High Court CR. MISC. No.27047 of 2024(2) dt.03-04-2024 2/3 petition.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. The informant is not an eye witness of the alleged occurrence. There is no specific allegation levelled against the petitioner rather general and omnibus allegation has been levelled against him. Charge-sheet has been submitted in this case. Co-accused has been granted bail by this Court vide order dated 20-03-2024, passed in Cr. Misc. No. 22124 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Supaul P.S. Case No. 264 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T

Patna High Court CR. MISC. No.27047 of 2024(2) dt.03-04-2024 3/3