Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79743 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- Kadirganj P.S. District- Nawada ====================================================== Nishant Kumar Navlesh Prasad @ Navlesh Mahto @ Nawlesh Sohar Mahto R/o Vill. - Sambey, P.S. - Warisaliganj, Dist. - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Kumar, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kadirganj P.S. Case No. 31 of 2025, instituted for the offences under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that four unknown miscreants had snatched Rs. 3,23,090/- from the informant and managed to escape from the place of occurrence.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Dharmendra Kumar and Golu Kumar. No

Patna High Court CR. MISC. No.79743 of 2025(2) dt.01-12-2025 2/3 incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen money. Learned counsel further submitted that T.I.P. has not been conducted till date to ascertain the involvement of the petitioner in the alleged offence. Learned counsel for the petitioner further submitted that the other co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 21.05.2025 passed in Criminal Miscellaneous No. 31639 of 2025. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.09.2025 and has no criminal antecedent.

5. Learned A.P.P. 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, other co-accused has been granted bail by a coordinate Bench of this Court, as also 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 on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.79743 of 2025(2) dt.01-12-2025 3/3 below/concerned Court in connection with Kadirganj P.S. Case No. 31 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of 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) manish/- U T