Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77453 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- BIHTA District- Patna ====================================================== Nitish Kumar S/o Lalu Rai @ Prayag Prasad R/o Village - Daulatpur, P.S - Bihta, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udai Shankar Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihta P.S. Case No. 128 of 2024, instituted for the offences punishable under Sections 401, 413 and 414 of the Indian Penal Code.

3. The prosecution case, in short, is that the petitioner is involved in the theft and selling of motorcycle. It is further alleged that two stolen motorcycles have been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.77453 of 2025(2) dt.13-11-2025 2/3 the petitioner also submits that name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Anshu Kumar and the same has got no evidentiary value. The petitioner is not involved in the present occurrence as alleged in the FIR. The petitioner is in custody since 19.05.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that other coaccused has been granted regular bail by this Court vide order dated 26.04.2024 passed in Cr. Misc. No. 32134 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihta P.S. Case No. 128 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.77453 of 2025(2) dt.13-11-2025 3/3 the family of the petitioner.

(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) Rajorshi/- U T