Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29327 of 2025 Arising Out of PS. Case No.-206 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Nitish Kumar S/o- Nandu Yadav @ Nand Kishor Yadav Village- Gyantol ward no 12, Ps- Sahebpurt Kamal Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Randhir Kumar No 1 For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sahebpur Kamal P.S. Case No. 206/2024 dated 09.07.2024 registered for the offence punishable u/s 109, 115(2), 117(2), 118(2), 126(2), 351(2) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused person were abusing the son-in-law of the informant. When the informant's wife protested, they also abused her. Thereafter, when the informant came to his house, the petitioner and the co-accused persons holding lathi-danda and pistol came to the house of the informant, in the meantime,
Patna High Court CR. MISC. No.29327 of 2025(2) dt.07-05-2025 2/3 the petitioner and the co-accused, Ravish Kumar fired 2-4 rounds, causing injury on the right leg of the informant. When the informant's brother and nephew came to rescue, the petitioner and the co-accused, Ravish Kumar fired, causing injury on the chest of the informant's nephew.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of land dispute. Nothing has been recovered from the conscious possession of the petitioner. The anticipatory bail of the petitioner has been rejected by the Coordinate Bench of this court vide order dated 13.12.2024 passed in Cr. Misc. No. 83354/2024. As per the Injury Report, the injury is simple in nature probable caused by firearm. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.02.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.29327 of 2025(2) dt.07-05-2025 3/3 concerned, Begusarai in connection with Sahebpur Kamal P.S. Case No. 206/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T