Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61675 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- Kinjar District- Arwal ====================================================== Nitish Kumar S/O Sri Jagdish Das Resident Of Village- Pariyari Bigha, P.s.- Kinjar, Dist.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Prasad Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kinjar P.S. Case No. 92 of 2025 instituted for the offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that on the alleged date and time, when the informant was on his way, three unknown miscreants intercepted him and looted away his bag containing laptop, two mobile phones and other valuables including cash amounting to Rs. 40,000/- and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation. No incriminating/looted article has been recovered from the

Patna High Court CR. MISC. No.61675 of 2025(2) dt.08-09-2025 2/2 conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles rather the recovery of looted articles has been made from open place. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.06.2025 and has no criminal antecedent.

5. Learned A.P.P. 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, chargesheet already being submitted as also 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 Kinjar P.S. Case No. 92 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T