Disposed¶5

Nitesh Kumar v. The State of Bihar

Patna HC20 Jun 2025CR. MISC./33960/2025

Case brief

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What is this about?

Patna High Court | CR. MISC. No.33960 of 2025 | decided 20-06-2025 | Purnendu Singh, J | Nitesh Kumar v. The State of Bihar | pre-arrest (anticipatory) bail granted afresh on prior terms | Banka P.S. Case No.696 of 2022 | IPC Ss.356, 379, 411 | prior bail order dated 19.02.2025 in Cr. Misc. No.3672 of 2025 | surrender within four weeks and furnish bail bond | bail bond not accepted due to two criminal antecedents not disclosed in bail application | related matters: Banka P.S. Case No.702 of 2022 (released on bail), Banka P.S. Case No.712 of 2022 (remedy being pursued) | outcome: petition disposed of.

What did the court decide?

Release on pre-arrest bail on the similar terms and conditions as mentioned in the order dated 19.02.2025 passed in Cr. Misc. No.3672 of 2025. ¶5

Nitesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33960 of 2025

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Arising Out of PS. Case No.-696 Year-2022 Thana- BANKA District- Banka

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======================================================

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Nitesh Kumar S/o Surendra Yadav Resident Of Village Kukurgora, PS Banka Distt. Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 20-06-2025

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Heard Mr. Praveen Kumar, learned counsel

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appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

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The petitioner apprehends his arrest in connection

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with Banka P.S. Case No. 696 of 2022 registered under Sections 356, 379 of the Indian Penal Code and later on Section 411 of the Indian Penal Code was added.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner in connection with Banka P.S. Case No. 696 of 2022 was granted bail by this vide order dated 19.02.2025 passed in Cr. Misc. No.3672 of 2025 and he was directed to surrender before the learned District Court within a period of four weeks and furnish the bail bond. Learned counsel further submits that the said order passed by this Court

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Patna High Court CR. MISC. No.33960 of 2025(2) dt.20-06-2025 2/2

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could not be complied in view of the fact that at the time of furnishing of the bail bond it was observed that the petitioner is having two criminal antecedents, which fact was not disclosed before this Court by the petitioner in the bail application and as such, the petitioner’s bail bond was not accepted. Learned counsel further informs that the petitioner has already been released on bail in connection with Banka P.S. Case No.702 of 2022 and he is pursuing remedy in connection with Banka P.S. case No.712 of 2022.

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Considering the aforesaid submission and the allegation made against the petitioner, in connection with Banka P.S. Case No.696 of 2022, I have already observed vide order dated 19.02.2025 passed in Cr. Misc. No.3672 of 2025 that the petitioner has prima facie made out a case to be released on prearrest bail. As such, the petitioner is directed to be released on pre-arrest bail on the similar terms and conditions as mentioned in the order dated 19.02.2025 passed in Cr. Misc. No.3672 of 2025.

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Accordingly, the present pre-arrest bail petition stands disposed of.

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(Purnendu Singh, J)

Nitesh Kumar v. The State of Bihar

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Nitesh Kumar v. The State of Bihar

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