Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53653 of 2025 Arising Out of PS. Case No.-125 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Nitish Kumar S/o- Rabindra Singh Village- Malpur, Ps- Khusrupur DistPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Shekhar For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases, but then, both the cases were instituted from the side of the informant and the informant alleges that petitioner along with Jitendra, Bipin and 15-20 unknown accused came and entered his house and started firing and threatened to withdraw the case or else he will be killed.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.53653 of 2025(2) dt.20-08-2025 2/3 petitioner has been falsely implicated in the instant case on account of previous dispute. It is next submitted that date of occurrence is 06.04.2023 and FIR came to be instituted on 08.04.2023. Further, FIR does not even disclose that as to which case the petitioner threatened to withdraw, which amply demonstrates the falsity of the allegation. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna City, Patna in connection with Khusarupur P. S. Case No.125 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
Patna High Court CR. MISC. No.53653 of 2025(2) dt.20-08-2025 3/3 application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T