Nitish Kumar @ Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39543 of 2025 Arising Out of PS. Case No.-370 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== Nitish Kumar @ Nitish Yadav S/o Late Vaidyanath Ray @ Baijnath Yadav R/o Ward No.2, Village and P.O.- Bhagwanpur, P.S.- Bhagwanpur, DistrictBegusarai, PIN- 851119 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijaya Laxmi Srivastawa, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-06-2025

1. Heard Mr. Vijaya Laxmi Srivastawa, learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bhagwanpur P. S. Case No. 370 of 2024 dated 12.12.2024 registered for the offence(s) punishable under Section(s) 137(2), 96, 3(5) of the B.N.S.

3. The main submissions advanced by the petitioner's counsel are that the instant matter relates to disappearance of the informant's minor daughter as alleged in the FIR, though, the petitioner has been named in the FIR but against him, there is no specific allegation and he has been made an accused mainly on account of being co-villager of the main accused Nitish Yadav

Patna High Court CR. MISC. No.39543 of 2025(2) dt.27-06-2025 2/3 @ Banti Yadav and earlier Bhagwanpur P.S. Case No. 354 of 2024 was registered against the said co-accused Nitish Yadav @ Banti Yadav with the same kind of allegation of kidnapping of the informant's daughter but in that matter the petitioner was not an accused. It is further submitted that the petitioner and others have been alleged to have enticed the informant's daughter but there is no details regarding the nature of enticement attributed to the petitioner and the informant has lodged his FIR with an intention to extort money from the petitioner who had no reason to be involved with the co-accused Nitish Yadav @ Banti Yadav in the alleged kidnapping. It is lastly submitted that the petitioner has fair and clean antecedent.

4. Though, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepts that the main allegation is against the co-accused Nitish Yadav @ Banti Yadav.

5. Considering the aforesaid submissions advanced by petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Bhagwanpur

Patna High Court CR. MISC. No.39543 of 2025(2) dt.27-06-2025 3/3 P. S. Case No. 370 of 2024 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Shailendra Singh, J) Rajiv/- U T