Patna High CourtCR. MISC./40372/2025dismissed

Nitish Kumar v. The State Of Bihar

2025-06-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40372 of 2025 Arising Out of PS. Case No.-265 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Nitish Kumar, aged about 24 years, Male, Son of Hareram Yadav, Resident of Village-Bilauri, P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No. 265 of 2023 instituted for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per the allegation in the FIR, petitioner along with other co-accused persons took away the son of the informant on motorcycle and committed the alleged offence.

4. This is the second attempt for anticipatory bail. Earlier the prayer for bail of this petitioner was rejected by this Court passed in Cr. Misc. No. 65707 of 2024 vide order dated 17.01.2025.

5. Learned counsel for the petitioner submits that both

Patna High Court CR. MISC. No.40372 of 2025(2) dt.20-06-2025 2/2 the parties have entered into compromise in the trial Court and photo copy of a compromise petition is annexed as Annexure-3 in this petition.

6. From perusal of the FIR and the entire records, it appears that this case is lodged under Sections 302/34 of the Indian Penal Code and there is no any scope for compromise and first anticipatory bail application has already been rejected on the basis of merit, so it is not maintainable for second time, the prayer for bail of the petitioner.

7. Accordingly, the prayer for bail of the petitioner is again rejected.

(Ramesh Chand Malviya, J) Anand Kr.

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