Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89513 of 2024 Arising Out of PS. Case No.-295 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Nitish Kumar S/o- Umesh Rai @ Ramesh Rai Resident of VillageChakbijgant PS- Hajipur Sadar, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 295 of 2024 instituted for the offences under Section 392 of Indian Penal Code.

3. Prosecution case, in short, is that while the Informant was standing with pick-up van loaded with chicken, one person stopped him and asked to follow and, later instructed to ask money from the owner on the gun point.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.89513 of 2024(2) dt.10-01-2025 2/3 The petitioner is not named in the F.I.R. and has name has transpired in this case on the basis of the disclosures made by the co-accused Ritik Kumar who has already been granted bail by this Court. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence or the seized motorcycles. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application.

5. Learned counsel for the petitioner further submits that the co-accused Ritik Kumar @ Bhulchand has already been granted bail by this Court vide order dated 19.11.2024 passed in Cr. Misc. No. 66417 of 2024.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S.

Patna High Court CR. MISC. No.89513 of 2024(2) dt.10-01-2025 3/3 Case No. 295 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Rudra Prakash Mishra, J) rishi/- U T