Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21753 of 2025 Arising Out of PS. Case No.-531 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Nitish Kumar S/O Binda Mahto R/O Village- Naya Tola Simiri, P.SBakhtiyarpur, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rashmi Sharma, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Barbigha P.S. Case No. 531 of 2023 dated 18.12.2023, instituted for the offence punishable under Section 395 of the Indian Penal Code.
3. As per the prosecution case, the informant is the Area Manager of Ashirvad Micro Finance Ltd. and he is posted at Akhorigola. It is alleged that some unknown persons attacked his Branch and looted away gold, cash of Rs. 2,11,245/- and other articles.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21753 of 2025(2) dt.23-04-2025 2/3 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is not named in the FIR. The name of the petitioner has come in this case only on the basis of confessional statement of co-accused Nitish Kumar son of Dharmendra Saw. The said Nitish Kumar has been granted bail vide order dated 14.05.2024 passed by a Coordinate Bench of this Court in Criminal Miscellaneous No. 29004 of 2024. It is next stated that no incriminating articles has been recovered either from the conscious possession or from the house of the petitioner. It is further submitted that similarly situated co-accused persons have been granted bail by Coordinate Benches of this Court vide Annexure-P series. Lastly, it has been submitted that the petitioner is in custody since 04.02.2025 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.21753 of 2025(2) dt.23-04-2025 3/3 Sheikhpura in Barbigha P.S. Case No. 531 of 2023. (Khatim Reza, J) Sankalp/- U T