Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28906 of 2025 Arising Out of PS. Case No.-696 Year-2024 Thana- JAMUI District- Jamui ====================================================== Nitish Kumar Son of Naresh Sah @ Naresh Yadav Resident of village - Bodhwan Talab, P.S.- Jamui, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramadit, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody since 25.10.2024 in a case in connection with Jamui P.S. Case No.696 of 2024 registered for an offence punishable under Sections 126(2), 115(2), 109, 140(3) and 3(5) of the B.N.S.

3. As per the prosecution case, it is alleged that petitioner along with other co-accused persons used to assault and abuse the informant with means of iron rod and danda.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that there is no specific allegation against the petitioner rather there is general and omnibus allegation against the petitioner. He further submits that petitioner is under custody since 25.10.2024. He further submits that similarly situated co-accused persons, namely, Vikash Yadav and Shubham Kumar have already been granted bail by a coordinate Bench of this Court vide order dated 08.01.2025 passed

Patna High Court CR. MISC. No.28906 of 2025(2) dt.07-05-2025 2/2 in Criminal Miscellaneous No.87985 of 2024. He next submits that petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, submission of the learned counsel for the petitioner as well as the fact that there is general and omnibus allegation against the petitioner and petitioner has got no criminal antecedent as stated in para-3 of the bail petition and also the fact that similarly situated co-accused persons, namely, Vikash Yadav and Shubham Kumar have already been granted bail by a co-ordinate Bench of this Court vide order dated 08.01.2025 passed in Criminal Miscellaneous No.87985 of 2024, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No.696 of 2024.

(Ramesh Chand Malviya, J) Harshita/- U T