Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1172 of 2025 Arising Out of PS. Case No.-260 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Nitish Kumar Son of Anil Prasad R/o Village - Jamalpur, Kharjama, P.S.- Chhabilapur, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Kumar, Adv For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Khagaul P.S. Case No. 260 of 2024 dated 05.08.2024 registered for the offences punishable u/ss 318(4), 338, 336(3), 340(2) and 61(2) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have cheated money from the informant in the name of getting a job for him as Supervisor in the railway. The accused persons were apprehended by police when they were present there for the alleged document

Patna High Court CR. MISC. No.1172 of 2025(2) dt.24-02-2025 2/3 verification.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner is a labour. Similar situated co-accused person has already been granted bail vide order dated 09.01.2025 passed in Cr. Misc. No. 85912 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that police recorded the confessional statement of the co-accused Sinku Devi, who is accomplice of the petitioner, in which she confessed her involvement in the alleged offence and further alleged that 12 boys were cheated in the name of providing them jobs and the money was taken from them.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.1172 of 2025(2) dt.24-02-2025 3/3 concerned, Danapur in connection with Khagaul P.S. Case No. 260 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T