Nitish Kumar Singh @ Nitish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Nitish Kumar Singh @ Nitish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be enlarged on bail upon arrest/surrender within eight weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in Dhrampura Police Station Case No. 02/2024, subject to the conditions under section 482 BNSS, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Dhrampura P.S. Case No. 02/2024 (registered for offences under sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023), should be granted bail in the event of arrest/surrender (anticipatory bail).

Ratio / Principle

Considering the facts of the case, the prayer for bail of the petitioner (who apprehends arrest) is allowed.

Key takeaways

In the event of arrest/surrender within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in Dhrampura Police Station Case No. 02/2024.ratio¶¶16
The bail enlargement is made subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶¶16

Detailed headnote1 paragraphs

Anticipatory bail granted (Prabhat Kumar Singh, J.; order dt. 10-02-2025). The petitioner apprehended arrest in Dhrampura P.S. Case No. 02/2024, District-Rohtas, registered for offences under sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Prosecution case: four persons were found opening the informant's pumping set in his field; on chase, one person caught disclosed his name as Jitendra Dom and disclosed the petitioner and other accused persons as his associates. Considering the facts, the prayer for bail was allowed: in the event of arrest/surrender within eight weeks, the petitioner was ordered to be enlarged on bail on a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.726 of 2025

Arising Out of PS. Case No.-2 Year-2024 Thana- Dhrampura District- Rohtas

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

Nitish Kumar Singh @ Nitish Kumar S/O Shri Tinku Singh @ Jitesh Kumar Singh Resident of Village- Tilai, P.O- Rupahtha, P.S- Dhrampura, DistrictRohtas.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bajarangi Lal For the Opposite Party/s : Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 10-02-2025

Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 303(2), 317(2), 3(5) of the the Bharatiya Nyaya Sanhita, 2023.

As per the prosecution case, on the alleged date and time of the occurrence, when the informant went to his field, he saw that 4 persons we opening pumping set from his field. On chase, he caught one person, who disclosed his name as Jitendra Dom and he disclosed name of the petitioner and other accused persons as his associates.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been

Patna High Court CR. MISC. No.726 of 2025(2) dt.10-02-2025 2/2

recovered from the conscious possession of the petitioner. Petitioner’s name has come in this case during course of investigation on the basis of confessional statement of coaccused. Petitioner claims clean antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in Dhrampura Police Station Case No. 02/2024, subject to the conditions laid down under section 482 of the the the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

shashi/-

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