Nitin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54065 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== Nitin Kumar S/O Hardeo Prasad Singh R/O Village- Navtoliya Rusaunk Ward No. 07, P.S- Morkahi, Distt.- Khagaria, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Morkahi P.S. Case No. 31 of 2025, instituted for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 117(2), 109, 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner along with other co-accused persons have brutally assaulted the informant due to which he sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.54065 of 2025(2) dt.12-08-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that as per FIR it is alleged that the petitioner has assaulted on the forehead and thigh of the informant by means of lathi. There is no any grievous injury found on the forehead and thigh of the informant. It is further submitted that there is case and counter case between the parties. The petitioner is in custody since 02.05.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Morkahi P.S. Case No. 31 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T