Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75735 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- SAHPUR District- Patna ====================================================== Nitish Kumar S/o Sri Prithvi Rai R/o Village - Shankarpur Dera, P.S - Shahpur, District - Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP Mr.Manoranjan Kumar, Adv.for Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Shahpur PS. Case No. 197 of 2024 for the offence punishable under sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution story, the informant alleged that while his brother was at the house of Harinandan Ray, on a motorcycle, accused persons, namely, Nitish Kumar (petitioner herein), Sundar Ray, Santosh Ray and Shiv Ray came and thereafter, this petitioner opened fire and two bullets pierced the body of his brother who succumbed to the injuries. The accused escaped on the arrival of the villagers. This led to the FIR.

Patna High Court CR. MISC. No.75735 of 2025(3) dt.01-12-2025 2/2

4. Petitioner is assailant of the deceased. There is specific allegation against him of opening fire, causing death of informant's brother. Petitioner has got five criminal antecedent.

5. Considering the nature of accusation and criminal antecedent, the prayer for bail of petitioner is rejected. However, since petitioner is in custody since 30.09.2024, the learned trial court is directed to expedite the trial. (Prabhat Kumar Singh, J) anay U T