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2025 DAILYLAW 113293 (PAT)

Nitesh Kumar @ Nitin Kumar @ Nitish @ Nitesh v. The State of Bihar

CR. MISC./56995/2025 · 2025-10-17

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56995 of 2025 Arising Out of PS. Case No.-228 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== Nitesh Kumar @ Nitin Kumar @ Nitish @ Nitesh S/o Dev Lal Bhagat @ Deolal Prasad Kushwaha R/o Village- Barji, P.S.- Motipur, District- Muzaffarpur, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Preety Kunwar , Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 17-10-2025 Heard learned counsel for the petitioner and the State . 2. The petitioner seeks regular bail in a case registered for the offence punishable under sections Section 399, 400, 402 and 120 ( B ) of IPC and 25 (1-b)/a/26/35 of Arms Act and section 20 and 22 of NDPS Act. 3 . As per the prosecution case , informant namely , Anil Kumar reported that upon pursuing a car, they seized 3 pistols, 3 live cartridges, 300 gms smack like substance from the possession of apprehended co-accused persons who disclosed the name of this petitioner. 4. Learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case . Patna High Court CR. MISC. No.56995 of 2025(2) dt.17-10-2025 2/2 The name of this petitioner transpired in the confessional statement of apprehended co-accused person . No incriminating material has been recovered from the conscious possession of petitioner and has got no concern with the alleged occurrence . Charge has already been framed. Petitioner is in custody since 25.04.2025 . 5 . Learned counsel for the State opposes the prayer for bail. 6. Considering the aforesaid facts of the case , period of custody and other circumstances of the case , prayer for regular bail of the petitioner is allowed. 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 the learned Exclusive special Court, II (NDPS ) Muzaffarpur in connection with Motipur P. S. Case No. 228 of 2021. Koushik/- (Prabhat Kumar Singh, J) U T