Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29331 of 2025 Arising Out of PS. Case No.-398 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Nitish Kumar S/o Ajay Kumar Singh @ Arun Singh Resident of Village - Miralipur, Police Station - Ballia, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun .
For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== 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 Ballia P.S. Case No. 398/2024 dated 20.12.2024 registered for the offence punishable u/s 318(4), 303(2), 115(2), 308(5) read with Section 3(5) of the B.N.S.
3. As per the prosecution case, the informant, who is working as Senior Business Development Executive in SBI Life Insurance Company in Simdega, Jharkhand. In that course, the co-accused Amit Kumar gave offer to the informant for a job in TATA AIG Life Insurance at Patna Branch on higher salary. Then the informant reached at Begusarai railway station on
Patna High Court CR. MISC. No.29331 of 2025(2) dt.07-05-2025 2/3 14.12.2024 from where the co-accused Amit Kumar picked up the informant and took him near Bariyarpur where six coaccused persons were also there. On the instruction of Amit Kumar, the co-accused Golu Kumar pointed pistol on the informant and then the informant on fear gave his mobile, credit card, debit card to the co-accused Golu Kumar. The co-accused Amit Kumar forcibly got mobile password from the informant and transferred money from the mobile of the informant.
The co-accused Gobind Kumar also pointed pistol on the informant and got ATM password and after that the co-accused Govind Kumar, Harsh and Amit went to Lakhminia for withdrawing money from the ATM whereas the co-accused persons and the petitioner stayed with the informant and the co-accused Aman Kumar snatched watch from the informant. The co-accused persons, Harsh and Amit came from Lakhmania and told to kill the informant as they have withdrawn the money. Thereafter, the informant started screaming then the accused persons left him and threatened him not to disclose the matter to anyone or they would kill the whole family of the informant. Further the informant states that the accused persons between 14.12.2024 to 16.12.2024 withdrawn Rs.6,73,000/- from the account of the informant as a loan.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.29331 of 2025(2) dt.07-05-2025 3/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is no specific allegation against the petitioner. Learned counsel has submitted that the name of the petitioner has come up on the disclosure of the coaccused, Amit Kumar. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.12.2024
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 concerned, Begusarai in connection with Ballia P.S. Case No. 398/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T