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Patna High CourtCR. MISC./76354/2025allowed

Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

2025-11-19Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76354 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Nitesh Kumar @ Nitish Kumar S/o Chandeshwar Thakur R/o Village - Morhar, P.S - Sahebganj, District - Muzaffarpur, State - Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Mohammad Sufyan, APP For the Informant :

Mr. Pankaj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner, learned counsel for the informant and Mr. Mohammad Sufyan, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 303(2), 76, 329(3), 352, 351(3) & 3(5) of the Bharatiya Nyaya Sanhita and under Section 27 of the Arms Act.

3. The case of the prosecution in short is that the petitioner and others attempted to kidnap the minor daughter of the informant and in that endeavour it is alleged that the petitioner has fired at the son of the informant which hit in the leg of the informant's son.

4. Learned counsel for the petitioner has submitted that earlier also a case was filed by the informant and in this

Patna High Court CR. MISC. No.76354 of 2025(2) dt.19-11-2025 2/2 instant case it is alleged that one Chandeshwar was also there whereas Chandeshwar was in custody at that time. It has also been submitted that the nature of injury is simple. The petitioner is in custody since 19.07.2025.

5. Learned Additional Public Prosecutor for the State and learned counsel for the informant have vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of one case.

6. Only one fire has been made and that too has caused simple injury in leg.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahebganj P.S. Case No. 171 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, 2nd West Muzaffarpur.

(Ashok Kumar Pandey, J) durgesh/- U T