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2025 DAILYLAW 107002 (PAT)

Nishan @ Nishant Kumar v. The State of Bihar

CR. MISC./86699/2025 · 2025-12-17

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86699 of 2025 Arising Out of PS. Case No.-199 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== 1. Nishan @ Nishant Kumar S/o- Sri Balmiki Yadav @ Naresh Yadav @ Balmiki Kumar @ Balmiki Kumar Yadav R/v- Chanda Ps- Athmalgola Dist- Patna 2. Dishant @ Deshan Kumar @ Deshant Kumar @ Bigul S/o- Balmiki Yadav @ Naresh Yadav @ Balmiki Kumar @ Balmiki KUmar Yadav R/v- Chanda Ps- Athmalgola Dist- Patna 3. Balmiki Yadav @ Naresh Yadav @ Balmiki KUmar @ Balmiki KUmar Yadav S/o- Lakhan Yadav @ Lakhan Singh R/v- Chanda Ps- Athmalgola Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Mr. Ritwik Thakur, Ms. Vaishnavi Singh, Advocates For the Opposite Party/s : Mr. Ramchandra Sahni, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 17-12-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. 3. As per F.I.R., on the order of co-accused Lakhan Singh, co-accused Jitesh Kumar and Rahul Kumar fired bullet on the husband of informant due to which, he died on the spot. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Though Patna High Court CR. MISC. No.86699 of 2025(2) dt.17-12-2025 2/2 petitioners are arrayed as accused in this case but there is no allegation of overt act against them. It is further submitted that as per F.I.R., two accused persons are alleged to have fired upon the deceased but deceased sustained only one firearms injury. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the nature of accusation and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Athmalgola P. S. Case No. 199 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T