Nipun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38020 of 2025 Arising Out of PS. Case No.-104 Year-2024 Thana- KEWATI District- Darbhanga ====================================================== Nipun Kumar Son of Late Matheran Yadav @ Dinesh Yadav R/O VillageKayamchak Ps -Keoti Dist -Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidyanath Prasad, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Keoti P.S. Case No. 104 of 2024 instituted for the offences under Sections 386, 387, 414, 34 of the Indian Penal Code.

3. As per prosecution case, the accused Golu Kumar, Raja Kumar and two unknown persons stopped the Informant and demanded Rangadari from the Informant. When the Informant showed his inability to make payment, then all the four accused persons started to assault the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case

Patna High Court CR. MISC. No.38020 of 2025(2) dt.23-06-2025 2/3 due to previous enmity and dirty village politics. The petitioner is not named in the F.I.R. and he has been made accused in this case only on the basis of confessional statement of the coaccused Golu Kumar recorded before the police which has no evidentiary value in the eye of law. The petitioner has not been put on Test Identification Parade for his identification. Other coaccused persons namely Golu Kumar and Raja Kumar have already been granted bail by the learned court below and the case of the petitioner is on similar footing. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner. Learned counsel for the petitioner submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has four criminal antecedents and is languishing in judicial custody since 28.09.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

6. Having heard rival contention of both the parties

Patna High Court CR. MISC. No.38020 of 2025(2) dt.23-06-2025 3/3 and considering the entire facts and circumstances of the case and the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Keoti P.S. Case No. 104 of 2024. (Rudra Prakash Mishra, J) rishi/- U T