Patna High CourtCR. MISC./54929/2024dismissed

Nitish Yadav @ Nitish @ Nitish Kumar v. The State Of Bihar

2025-02-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54929 of 2024 Arising Out of PS. Case No.-207 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Nitish Yadav @ Nitish @ Nitish Kumar Son Of Lalan Yadav Village- Rakathi, Ps- Mahishi, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhyanchal Singh, Sr. Advocate Mr. Vipin Kumar Singh For the Opposite Party/s :

Mr. Nagendra Prasad Mr. Suraj Kumar Mr. Prasoon Kumar Mr. Pramod Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-02-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehend his arrest in connection with Kusheshwar Asthan P.S. Case No. 207 of 2022 registered for offences under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. Police has recovered the weapon used in the crime on the confessional statement of co-accused Mithilesh Yadav @ Gurchun Yadav. The name of the petitioner has surfaced during investigation that he has also participated in the crime.

4. Considering the allegations levelled against the petitioner, it is not a fit case for grant of anticipatory bail. The

Patna High Court CR. MISC. No.54929 of 2024(4) dt.12-02-2025 2/2 application for anticipatory bail is, accordingly, dismissed.

5. The petitioner must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised.

6. If the petitioner surrenders and prays for regular bail in the District Court then the District Court will consider the regular bail application of the petitioner without being prejudiced by the fact that the anticipatory bail application of the petitioner has been rejected by this Court. The District Court will also consider the fact that one co-accused namely Ajay Yadav has been granted bail by this Court.

(Sandeep Kumar, J) Shishir/- U T