Nitesh Kumar @ Karaha @ Karla @ Nitish Kumar @ Binnay Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68111 of 2024 Arising Out of PS. Case No.-139 Year-2015 Thana- PATEPUR District- Vaishali ====================================================== Nitesh Kumar @ Karaha @ Karla @ Nitish Kumar @ Binnay Anand S/o Shambhu Kr. Rai R/o Village- Amarpur P. S. - Barauni Dist. - Begusarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Dilip Kumar Roy, Advocate For the Opposite Party :
Mr.Rajesh Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363,365, 302/201 and other ancillary sections of the Indian Penal Code.
3. As per the prosecution case, 23 years old informant's son had gone to attend a marriage ceremony of his friend along with petitioner and other accused persons, where he was abducted by other accused persons on Scorpio vehicle. Later on, his dead body was recovered from a latrine tank of a school.
4. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR and police made him witness but later on supervising authority has made the petitioner as accused in the case. Petitioner claims clean
Patna High Court CR. MISC. No.68111 of 2024(2) dt.23-10-2024 2/2 antecedent.
5. Learned counsel for the State opposes the prayer for bail. He submits that the petitioner's involvement has come in the case in the re-statement of the informant as mentioned in paragraph 33 of the case diary. Post mortem report of the deceased shows that the antimortem injuries were found on the body of the deceased, which was dangerous to life and caused by hard and blunt forces. Doctor opined that the cause of death was due to intracranial haemorrhage, compression and shock.
6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T