Patna High CourtCR. MISC./34440/2025bail granted

Nitish Kumar Yadav@ Nitesh Kumar Yadav v. The State Of Bihar

2025-06-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34440 of 2025 Arising Out of PS. Case No.-353 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Nitish Kumar Yadav@ Nitesh Kumar Yadav S/O Raghunandan Yadav Resident of Village- Housing Colony Rang Bhumi Road, P.S.- K. Hatt, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Purnea Sadar P.S. Case No. 353 of 2024, instituted for the offences punishable under Sections 414, 34 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one country made pistol and one live cartridge from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.34440 of 2025(2) dt.18-06-2025 2/2 also submits that the petitioner has got no concern with the alleged recovery of arms and the same does not belong to him. The petitioner is in custody since 24.06.2024 and has got two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted regular bail by this Court vide order dated 23.01.2025 passed in Cr. Misc. No. 2098 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Purnea Sadar P.S. Case No. 353 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T