Patna High CourtCR. MISC./45236/2025bail granted

Nikesh Kumar v. The State Of Bihar

2025-07-16Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45236 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- KHAIRA District- Jamui ====================================================== Nikesh Kumar, Son of Ram Awadhesh Prasad, Resident of MohallaVishnupuri (Anisabad), P.S.- Gardanibagh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Khaira P.S. Case No.55 of 2025 dated 13.2.2025 registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and 61(2) of B.N.S.

3. As per allegation, the appointment letter of the petitioner has been claimed to be forged by the Health Department, Government of Bihar.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is denying that his appointment letter is fake or forged and he has also filed a writ petition bearing CWJC No. 5539 of 2025 against the concerned

Patna High Court CR. MISC. No.45236 of 2025(2) dt.16-07-2025 2/3 letter of the Health Department, Government of Bihar. He also submits that similarly situated co-accused Pankaj Kumar Sinha has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 25.06.2025 passed in Cr. Misc. No. 37886 of 2025.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Khaira P.S. Case No.55 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following

Patna High Court CR. MISC. No.45236 of 2025(2) dt.16-07-2025 3/3 conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T