Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3328 of 2025 Arising Out of PS. Case No.-13 Year-2024 Thana- NAUGACHIA District- Bhagalpur ====================================================== Nitish Kumar S/o- Vijay Kumar Singh Resident of Village- Pachgachia Tola Kadwa PS- Kadwa District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Naugachia PS case no. 13 of 2024 dated 11.01.2024, disclosing offences punishable under Sections 392, 411 of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 04.01.2024, the informant who is a proprietor of C.S.P. of State Bank of India at Dhol Bazar, came to Naugachia with one Ashutosh Kumar on motorcycle for withdrawing Rs. 3,50,000/- from S.B.I. Main Branch, Naugachia. He withdrew the amount and came back to his C.S.P. Center. While returning, he was intercepted by three miscreants who were hiding their faces and standing near black

Patna High Court CR. MISC. No.3328 of 2025(3) dt.09-05-2025 2/3 coloured splendor motorcycle. It is alleged that accused persons apprehended the said Ashutosh Kumar on pistol point and demanded the bag containing the cash. The accused miscreants snatched the cash from the informant and fled away. 4.

Learned Counsel for the petitioner submits that the petitioner is not named in the F.I.R. and his name has transpired on the basis of confessional statement of co-accused Lalan Kumar, recorded after 04 months from the date of occurrence i.e. on 02.05.2024. He further submits that except the confessional statement, there is no other material against the petitioner. The petitioner is stated to be having clean antecedent. 5.

On the other hand, learned APP for the State, by referring to case diary, submits that during course of investigation, apart from the confessional statement of co-accused, the location of the petitioner was also found on the date and at the place, where occurrence took place. 6.

Regard being had to the submissions made on behalf of the parties and taking into consideration the materials collected during course of investigation and the fact that confessional statement may be the basis for further investigation by the Police, for with custodial interrogation of the petitioner may be required, I am not inclined to grant the privilege of

Patna High Court CR. MISC. No.3328 of 2025(3) dt.09-05-2025 3/3 anticipatory bail to the petitioner.

7.

The prayer for anticipatory bail on behalf of the petitioner is, accordingly, rejected.

(Anil Kumar Sinha, J) rinkee/- U T