Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64996 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- SHEKHPURA District- Sheikhpura ====================================================== Nitish Kumar Son of Sri Rajo Yadav Resident of village - Matokhar, P.S.- Sheikhpura, District - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur , Advocate Mr. Ritwik Thakur , Advocate Mr. Purushattam Kumar , Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State .
2. Petitioner seeks regular bail in case registered for the offences punishable under Sections 103 (1) and 3 (5) of BNS and Section 27 of the Arms Act.
3 . The prosecution case , in brief, is that informant namely, Neelam devi alleged that on 15.02.2025 , her husband
Patna High Court CR. MISC. No.64996 of 2025(3) dt.05-12-2025 2/3 went outside and later on , she got an information that her husband was murdered by gunshot. It is further alleged that due to prior dispute , all the F.I.R. named accused persons including this petitioner conspired and committed murder of her husband.
4. Learned counsel for the petitioner submitted that from perusal of F.I.R. it is apparent that informant is not an eye witness to the alleged occurrence . Only suspicion has been raised against him. During course of investigation , informant has only alleged that this petitioner along with other named accused persons were seen fleeing from the place of occurrence and none of the witnesses claimed to have seen this petitioner committing the alleged occurrence . Petitioner is in custody since 01.06.2025 .
5 . Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the aforesaid facts, materials available on record, period of custody and other circumstances of the case , the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge - II, Sheikhpura in connection with Sessions
Patna High Court CR. MISC. No.64996 of 2025(3) dt.05-12-2025 3/3 Trial No. 147 of 2025 arising out of Sheikhpura P. S. Case No. 50 of 2025 .
(Prabhat Kumar Singh, J) Koushik/- U T