Nitish Kumar @ Gudda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30833 of 2025 Arising Out of PS. Case No.-363 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Nitish Kumar @ Gudda S/o Domi Sardar R/o Ward No. 24, Daprakha, P.S.- Triveniganj, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Verma, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-07-2025 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 S. T. No. 327 of 2024 arising out of Triveniganj P.S. Case No. 363 of 2023 dated 01.09.2023 registered for the offences punishable u/s 394 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants are alleged to have taken the motorcycle of the informant on the point of the pistol. It is further alleged that the said motorcycle was recovered from the possession of the petitioner and the co-accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.30833 of 2025(2) dt.16-07-2025 2/2 possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in this case in the confessional statement of the co-accused, Mahesh Kumar, who has already been granted regular bail by this Court vide order dated 19.06.2024 passed in Cr. Misc. No. 41479 of 2024. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.01.2024.

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, Supaul in connection with S.T. No. 327 of 2024 arising out of Triveniganj P.S. Case No. 363 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T