Nitish Kumar @ Nitish Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80376 of 2024 Arising Out of PS. Case No.-15 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== Nitish Kumar @ Nitish Ray Son of Ramesh Ray Resident of Village - Miranpur, P.S.- Raghopur, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K.Agrawal (Sr.Adv.) Mr. Soban Asgar (Adv.) Ms. Diksha Kumari (Adv.) For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP Mr. Sanjeev Kumar, Adv.for Informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2025 Heard learned senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for offence under Section 302/34 of the Indian Penal Code.
3. As per prosecution case, all the F.I.R. named accused persons including this petitioner and 10 unknown persons, variously armed, abducted the son of informant, tied his hands & feet and thereafter, shot him dead in a wheat field.
4. Learned counsel for the petitioner submits that informant is not eye-witness to the occurrence and only because of money dispute between the deceased and this petitioner, the petitioner has been falsely implicated in this case. During
Patna High Court CR. MISC. No.80376 of 2024(4) dt.02-05-2025 2/2 investigation, none of the witnesses has claimed to have seen the actual occurrence. The only material, which has come against petitioner, is that there was some dispute between petitioner and deceased with regard to money transaction. Petitioner claims clean antecedent and is in custody since 01.08.2024. Chargesheet has been submitted.
5. Learned A.P.P. for the State and learned counsel for the informant opposed the bail petition and submitted that petitioner is named in the F.I.R. and there is specific allegation that he alongwith other co-accused persons abducted the son of informant and later, killed him.
6. Considering the aforesaid facts and circumstances of the case and period of custody, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 15 of 2021. (Prabhat Kumar Singh, J) anay U T