Nitish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69273 of 2025 Arising Out of PS. Case No.-479 Year-2024 Thana- RAJAON District- Banka ====================================================== Nitish Kumar Yadav S/O Jagdambi Yadav Resident of village - Ghuthiya, P. S- Rajoun, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard Mr. Sudhir Kumar Mishra, learned counsel for the petitioners and Mr. Choubey Jawahar, learned APP for the State. 2.

The petitioner seeks bail in connection with Rajoun P.S. Case No. 479 of 2024 instituted for the offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in a nutshell is that four miscreants robbed the motorcycle, money, mobile of the informant by inflicted him a danda blow on his head. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-05-2025, having one criminal antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.69273 of 2025(2) dt.23-09-2025 2/3 case. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case during investigation. Learned counsel for the petitioner submits that so far as injury of the informant is concerned the same is found to be simple in nature. Petitioner was not identified in the T.I. Parade. Nothing has been recovered from the possession of the petitioner. Charge sheet has already been submitted in this case. Other co-accused have been granted bail by this Court vide order dated 02-09-2025, passed in Cr. Misc. No. 38631 of 2025. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajoun P.S. Case No. 479 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.69273 of 2025(2) dt.23-09-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T