Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71967 of 2025 Arising Out of PS. Case No.-264 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== 1.
Nitish Kumar Son of Late Jungi Singh @ Jugi Singh Resident of Village - Fazilpur, P.S.- Nardiganj, District - Nawada. 2.
Pintu @ Santu Kumar @ Sintu Kumar Son of Late Jungi Singh @ Jugi Singh Resident of Village - Fazilpur, P.S.- Nardiganj, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Nardiganj P.S. Case No. 264/2025 dated 15.07.2025 registered for the offence punishable u/s 351(2), 352, 126(2), 127(2), 109, 115(2), 190, 1191(2), 191(3) and 308(2) of the B.N.S.
3. As per the prosecution case, on 14.07.2025, the petitioners and the co-accused persons came to the shop of the informant and demanded Rs. 50,000/- as ranson to pay, failing which he would be killed. The informant handed over Rs. 5,000/-. The accused persons thereafter threatened the informant to arrange the balance amount by the following morning, otherwise he would be killed. On the next morning, i.e., on
Patna High Court CR. MISC. No.71967 of 2025(2) dt.01-11-2025 2/3 15.07.2025 at about 7-8 A.M., the accused persons, armed with weapons, came to the house of the informant with the intention to kill him. The co-accused, Ram Pravesh Kumar took out his firearm and attempted to fire, while the petitioner no. 1 Nitish Kumar was also holding a pistol and the others were armed with iron rods. In the meantime, Nitish Kumar assaulted Ramanugrah Singh on the head with the butt of his pistol, causing head injury, and Ram Pravesh Kumar assaulted Upendra Singh on the head with the butt of his pistol, causing head injury. The co-accused, Dheero Kumar assaulted the informant and Upendra Singh and thereafter, all the accused assaulted the informant and his brother with iron rods.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. As per the impugned order, the injuries are simple in nature. The petitioner no. 1 has three criminal antecedents whereas the petitioner no. 2 has four criminal antecedents and the petitioners are on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioners are in custody since 15.07.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.71967 of 2025(2) dt.01-11-2025 3/3 of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada, in connection with Nardiganj P.S. Case No. 264/2025, with the condition:- (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T