Nitesh Kumar Mandal @ Nitesh Kumar @ Guddu Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31627 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- BANDHUWA KURAWA District- Banka ====================================================== Nitesh Kumar Mandal @ Nitesh Kumar @ Guddu Sah S/O Anil Sah R/O Village- Maniyarpur, P.S-Bandhua Kurawa, Distt.- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar , Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 103(1), 238 of the Bharatiya Nyaya Sanhita .
3 . According to F.I.R., on 13.9.24 at about 11:50 PM, informant came to know that her husband was lying dead in the pond near Kendwa Dam and when she along with her relative reached there, she got to know that her husband was murdered
Patna High Court CR. MISC. No.31627 of 2025(2) dt.25-07-2025 2/3 by unknown persons and his body was thrown into the water two-four days ago .
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and F.I.R. has been registered against unknown persons. He next submits that name of the petitioner surfaced during course of investigation on the basis of confessional statement of co-accused person. Informant is not an eye witness of the occurrence and during investigation, only suspicion has been raised against him. None of the witnesses, who have been examined, have claimed that petitioner was either present at the place of occurrence or have seen this petitioner committing the offence. Petitioner claims clean antecedent. Similarly situated co-accused persons have already granted bail by this Court vide order dated 17.03.2025 in Cr. Misc. No. 5900 of 2025 .
5 . Learned A.P.P. for the State vehemently opposed the bail application .
6. Considering the nature of accusation and other facts and circumstances of the case , this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on
Patna High Court CR. MISC. No.31627 of 2025(2) dt.25-07-2025 3/3 furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Bandhua Kurawa P. S. Case No. 80 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Koushik/- U T