Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54014 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Nitish Kumar son of Shambhu Yadav Resident of Baisad Ward no 9 PS -Kumarkhand District -Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, 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 Jankinagar P.S. Case No. 310 of 2024, instituted for the offences punishable under Sections 310(4), 310(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that the police intercepted co-accused persons boarded on two motorcycles and on search, three live cartridges, one country made pistol and other suspicious items have been recovered from the possession of co-accused persons.

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.54014 of 2025(2) dt.12-08-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by coaccused persons and the same has got no evidentiary value. It is further submitted that no any arms have been recovered from the possession of the petitioner. The petitioner is in custody since 30.04.2025 and has got three criminal antecedents in which he is on bail.

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 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 Jankinagar P.S. Case No. 310 of 2024.

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