Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63825 of 2025 Arising Out of PS. Case No.-348 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Nitish Kumar S/o Rajbalam Prasad Yadav R/o Vill- Dhamapur, P.S.- Ghoshi, Distt- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ghoshi P.S. Case No. 348 of 2024, instituted for the offences punishable under Sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that three men boarded informant's tempo and snatched his mobile, Rs. 3000/- and the key of tempo injuring his hand.

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 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the

Patna High Court CR. MISC. No.63825 of 2025(2) dt.10-09-2025 2/2 FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Deepak Kumar and the same has got no evidentiary value. It is further submitted that neither any looted article has been recovered either from the house or from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 27.06.2025 and has got one criminal antecedent 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 Ghoshi P.S. Case No. 348 of 2024.

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