IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70396 of 2024 Arising Out of PS. Case No.-265 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Nitish Kumar Son of Sikindra Prasad Yadav Resident of village- Bijbani, P.S.- Jitna, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Adv. For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 5 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary. 2. The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 265 of 2024 instituted for the offences under Sections 394, 397 of the Indian Penal Code and Section 27 of the Arms Act. 3. As per prosecution case, the accusation against the petitioner is of shooting the Informant’s brother and looting Rs. 3,08,833/- from him. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to police mechanism and maneuvering. The petitioner is not Patna High Court CR. MISC. No.70396 of 2024(5) dt.13-02-2025 2/3 named in the F.I.R. and has also not been put to Test Identification Parade. The name of the petitioner has surfaced in this case on the basis of the confessional statement of the co- accused Rupesh Yadav @ Rupesh Kumar which has no eventiary value in the eye of law. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 03.07.2024 without any rhymes or reason. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The police has recovered used Motorcycle from the possession of the co-accused Rupesh Yadav. The police has also recovered used Splendor Plus Motorcycle from the house of the petitioner. Charge-sheet has been submitted against the petitioner under Sections 395, 397 of the I.P.C. and Section 25(1-b)a, 26, 35 of the Arms Act. 6. Having heard rival contention of both the parties Patna High Court CR. MISC. No.70396 of 2024(5) dt.13-02-2025 3/3 and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ghorasahan P.S. Case No. 265 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner. (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. rishi/- (Rudra Prakash Mishra, J) U T