Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 75666 (PAT)

Nitish Kumar v. The State of Bihar

CR. MISC./65785/2025 · 2025-09-17

Khatim Reza

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65785 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- Shahpur P.S. District- Nawada ====================================================== Nitish Kumar S/o Gorelal Ram @ Upendra Ram Resident of Village- Bajitpur, P.S.- Sahpur, District- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sheo Kumar Prasad For the Opposite Party/s : Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in connection with Shahpur P.S. Case No. 68 of 2025 dated 03.07.2025, registered for the offence punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 317(5), 61(B) and 111 of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(B), 6 (C) and 66(D) of the I.T. Act. 3. The allegation against the petitioner and other co- accused is that they cheated simple rustic people in the name of providing cheap loan from Mudra Finance. On search, papers containing addresses of different persons, mobile numbers, six SIM card of different company, Samsung keypad mobile were seized from them. Patna High Court CR. MISC. No.65785 of 2025(2) dt.17-09-2025 2/3 4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner has been made accused only on the basis of confessional statement of co-accused person, namely, Vishwanath Kumar, who disclosed the name of the persons, who fled away from the place of occurrence. It is submitted that nothing has been recovered to connect the petitioner in the present case. Only on the basis of suspicion, the petitioner has been made accused in this case. Lastly, it has been submitted that he has one criminal case against him. 5. Learned A.P.P. has opposed the prayer for bail of the petitioner. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Shahpur P.S. Case No. 68 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIth, Nawada, subject to condition as laid down under Section 482(2) of B.N.S.S. as also to the following conditions:- 1. Petitioner shall co-operate in the trial and shall be properly represented on each and every Patna High Court CR. MISC. No.65785 of 2025(2) dt.17-09-2025 3/3 date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. 2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife. 3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. 4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. prabhat/- (Khatim Reza, J) U T