Nitish Kumar vs The State Of Bihar on 20 August, 2025

Patna High Court – Orders

Nitish Kumar vs The State Of Bihar on 20 August, 2025

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53653 of 2025
                      Arising Out of PS. Case No.-125 Year-2023 Thana- KHUSRUPUR District- Patna
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                 Nitish Kumar S/o- Rabindra Singh Village- Malpur, Ps- Khusrupur Dist-
                 Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Shekhar
                 For the Opposite Party/s :       Mr.Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-08-2025

1. Heard learned counsel for the petitioner and

learned APP for the State.

2. The petitioner seeks bail in anticipation of his

arrest in a case registered for the offences punishable under

Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal

Code and Section 27 of the Arms Act.

3. The learned counsel for the petitioner submits that

the petitioner has antecedent of two cases, but then, both the

cases were instituted from the side of the informant and the

informant alleges that petitioner along with Jitendra, Bipin and

15-20 unknown accused came and entered his house and started

firing and threatened to withdraw the case or else he will be

killed.

4. The learned counsel for the petitioner submits that
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petitioner has been falsely implicated in the instant case on

account of previous dispute. It is next submitted that date of

occurrence is 06.04.2023 and FIR came to be instituted on

08.04.2023. Further, FIR does not even disclose that as to which

case the petitioner threatened to withdraw, which amply

demonstrates the falsity of the allegation. It is also submitted

that petitioner will not abscond rather will cooperate in the

investigation to prove his innocence.

5. Learned A.P.P. opposes the anticipatory bail

application.

6. Considering the submissions made by the learned

counsel for the petitioner, the petitioner, above-named, in the

event of his arrest or surrender before the learned Court below

within a period of six weeks, is directed to be released on

anticipatory bail on his furnishing bail-bonds in the sum of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like

amount each to the satisfaction of the learned Judicial

Magistrate, 1st Class, Patna City, Patna in connection with

Khusarupur P. S. Case No.125 of 2023, subject to the conditions

laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. However, it is made clear that in the event, if any
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application is filed by the Investigating Officer before the

learned trial Court bringing to its notice that petitioner, despite

giving assurance to this Court, is not cooperating in the

investigation or is not presenting himself as and when required,

the learned trial Court shall be at liberty to cancel the bail bonds

of the petitioner after recording reasons.

9. Let a copy of this order be sent to the concerned

Police Station through the learned trial Court.

(Satyavrat Verma, J)
vikash/-

U          T