Nitish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57085 of 2025
                    Arising Out of PS. Case No.-430 Year-2022 Thana- PURNEA SADAR District- Purnia
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                 Nitish Kumar S/o- Sri Bechan Thakur Resident of Belouri P.S-Muffasil, Dist-
                 Purnea
                                                                             ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amit Kumar Anand, Advocate
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. for the State.

                               2. The accused/petitioner seeks bail in connection

                   with Sadar (Muffasil) P.S. Case No. 430 of 2022 registered

                   for the offences under Sections 363 and 365 of the Indian

                   Penal Code and subsequently added section 364/34 of the

                   I.P.C.

                               3. The accused/petitioner is not named in the First

                   Information Report and is in custody since 25.06.2025.

                               4. Allegation against the petitioner is to kidnap the

                   minor son of the informant aged about 16 years, who was

                   missing since 13.06.2022 at about 10:00 A.M.

                               5. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.57085 of 2025(3) dt.09-02-2026
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          behalf of the petitioner that initially FIR was lodged regarding

          missing son of the informant, who was missing at about

          10:00      A.M.      on    13.06.2022,          but   during   course   of

          investigation, as a matter of an afterthought, while recording

          re-statement, the informant named this petitioner and other

          co-accused persons out of oblique motive. Petitioner is the

          cousin of missing son of the informant. It is pointed out that

          informant is not an eye witness of the occurrence and, further

          similarly situated co-accused namely, Bechan Thakur has

          already granted privilege of bail by one of the learned

          coordinate Bench of this Court vide order dated 12.04.2023

          through Cr. Misc. No. 64711 of 2022, and therefore, this

          petitioner, as a matter of judicial parity also deserves bail.

                      6. While concluding argument, it is submitted that

          petitioner is a man of clean antecedent and, moreover,

          investigation of this case is already concluded, for which

          charge-sheet has been submitted and as such, there is no

          chance of tampering with the evidence.

                      7. Learned A.P.P. for the State has opposed the

          prayer for bail of the petitioner.
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                                  8. In view of aforesaid factual submission and by

                     taking note of the fact as prima facie name of this petitioner

                     transpired out of re-statement of informant, where admittedly

                     informant is not an eye witness of the occurrence, coupled

                     with the fact that petitioner, who is a man of clean

                     antecedent,        remains        in    custody      since   25.06.2025,

                     accordingly, above-named petitioner is directed to be released

                     on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten

                     Thousand only) with two sureties of the like amount each to

                     the satisfaction of learned Chief Judicial                    Magistrate,

                     Purnea/concerned court, in connection with Sadar (Muffasil)

                     P.S. Case No. 430 of 2022, subject to the condition as laid

                     down under Section 437(3) Cr.P.C/Section 480(3) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T