Nitish Kumar @ Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70474 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- DANAPUR District- Patna ====================================================== Nitish Kumar @ Nitish Yadav Son Of Late Uday Yadav Village- Anauli PsBhagwanganj Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Danapur P.S. Case No. 208 of 2022 instituted for the offence under Sections 302, 34 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner along with other coaccused persons is that they committed murder of the informant's husband by indiscriminate firing. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to land dispute. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of one Rajnish Kumar. Moreover, the petitioner is

Patna High Court CR. MISC. No.70474 of 2023(3) dt.25-01-2024 2/3 languishing in judicial custody since 14.05.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that During investigation, the name of the petitioner has come on the confessional statement of co-accused Rajnish who said about the complicity of the petitioner as well in this case and later on, the confessional statement of the petitioner was recorded which is on para-161 of the case diary, in which he confessed his guilt and said that he along with other co-accused persons committed murder of the informant's husband by fire arm on the order of one Umesh Rai with whom the deceased had dispute. Police has recovered incriminating article from the possession of this petitioner. During investigation, witnesses supported the prosecution case and petitioner has ten criminal antecedents as well. From perusal of the postmortem report, the doctor opined that the cause of the death of the deceased is due to injuries caused by firearms.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and

Patna High Court CR. MISC. No.70474 of 2023(3) dt.25-01-2024 3/3 conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T