(PETITIONER IS IN JAIL CUSTODY)

IN THE COURT OF DISTRICT AND ADDITIONAL SESSIONS JUDGE – I

AT – KODERMA

S.T. no.–42/2021

State V/s Nitish Kumar & Others

In the matter of:

An application for Regular Bail under

sections 439 and 440 of the Code of Criminal

Procedure.

And
In the matter of:
Telaiya P.S. Case no.–14/2021

Corresponding to S.T. no.–42/2021

Under Sections – 25(1B)(a), 26 & 35 of Arms

Act, pending before the Court of Hon’ble

Additional District & Sessions Judge–I.

And

In the matter of:

Nitish Kumar, aged about 20 years, Son of

Sri Rabindra Mahto, Resident of Village-

Jabra, P.O.-Korra, P.S.-Korra, District-

Hazaribagh (Jharkhand).

Category: OBC
………………… Petitioner

Versus
1. State of Jharkhand
 ………………….. Opposite Party

2.

The humble bail petition on behalf of the

above named accused/petitioner is as

follows:

MOST RESPECTFULLY SHEWETH:

1. That this petition is being filed for grant of regular bail to the

petitioner in connection with Telaiya P.S. Case no.–14/2021,

as the accused/petitioner has been falsely implicated in the

above noted case by the Telaiya police and he has nothing to

do with the commission of the offence as alleged, even though

they have been remanded to judicial custody on 21.01.2021

and since then languishing in jail.

2. That the petitioner has earlier filed an application for grant of

bail before the Court of Hon’ble Principal District & Sessions

Judge, Kodarma vide B.P. no.–136/2021 in connection with

above noted case but the same was withdrawn on 23.03.2021

by the petitioner’s counsel as meanwhile Charge sheet was

submitted by the I.O. in the case and because of this the case

record was transferred at your Honour’s Court for its trial.

The petitioner further submits that he has not filed any

other application as for the Bail or Anticipatory bail or Cr.

Misc. Petition or Cr. Revision or W.P. (Cr.) before this Learned

 3.

Court or before the Hon’ble Jharkhand High Court in

connection with above mentioned case.

3. That petitioner further submits that he has filed an application

before the Learned C.J.M. Court, Kodarma and the same was

rejected vide order dated 06.03.2021. The Learned C.J.M.

Court, has failed to consider all the facts and circumstances of

the case and has wrongly dismissed the bail application and

after that petitioner is filing this petition.

A copy of the impugned order is

annexed herewith and marked as

Annexure – 1 to this petition.

4. That it is stated that the aforesaid case was instituted on the

written application of informant Sunil Kumar Das, S.I. of

Telaiya P.S. stating and alleging that on 20.01.2021 at about

07:00 P.M. when he proceeded for patrolling duty along with

other police personnel, he received a secret information that

three persons were having suspicious conversation at Sagar

Hotel near Koderma Railway Station. As soon as he reached at

Sagar Hotel at 08:10 P.M. he found three persons had entered

 into Room no.11 the three persons tried to flee away but they

were apprehended and petitioner was one of them. It was

4.

further alleged that one country made pistol loaded with 8MM

KF ammunition was recovered and seized from the possession

of this petitioner and he was arrested and sent to judicial

custody further.

A copy of the FIR being Telaiya P.S.

Case no.–14/2021 is annexed herewith

and marked as Annexure – 2 to this

petition.

5. That it is submitted that the allegations made against the

accused/petitioner are false, frivolous and vexatious also the

facts stated in the FIR are fabricated, concocted and lacks its

credibility. The accused has nothing to do with the alleged

offences. The accused belongs to a very reputed family in his

locality.

6. That the accused/applicant is student and daily wage earner

and uses to play D.J. and music in marriage ceremonies and

parties etc. as part time earning and no purpose will be served

if the accused/petitioner is kept behind the bars .

7. That the police in the F.I.R. have not mentioned as to why the

accused/petitioner was in Telaiya on the fateful day and as per

5.

the narration of the police it is also not disclosed as for what

reasons the accused was carrying arms along with him.

8. That the I.O. in the aforesaid case has already submitted

charge sheet before the Court and nothing remains more on

the part of police investigation.

A copy of the charge sheet is annexed

herewith and marked as Annexure – 3

to this petition.

9. That the applicant undertakes to present himself before the

Court as and when directed.

10. That the applicant undertakes that he will not, directly or

indirectly make any inducement, threat or promise to any

person acquainted with the facts of the case so as to dissuade

him from disclosing such facts to the Court or to any police

officer and he shall not tamper with the evidence or the

witnesses in any manner.

11. That the applicant is ready and willing to accept any other

conditions which shall be imposed upon him by this Hon’ble

Court in connection with the case.

12. That the other grounds shall be urged at the time of hearing.

6.

PRAYER:

It is therefore prayed that this Hon’ble Court

may graciously be pleased to enlarge the

petitioner on regular bail in connection with

Telaiya P.S. Case no.–14/2021

corresponding to the S.T. no.–42/2021 for

which he is ready to furnish adequate

sureties to the satisfaction of this Hon’ble

Court.

And

Pass any other order/s which your Honour

may deem fit and proper in the facts and

circumstances of the case may be also

passed in the interest of justice.

And
 For this, the petitioner shall ever pray.

Filed on behalf of Accused/Petitioner

Dated:

AFFIDAVIT

I, Satyanarayan Yadav, aged about 50 years, S/o Late Jagdish

Yadav, resident of Ward no.9, Tilokari, P.S.–Jainagar, District–
Kodarma, Jharkhand. Aadhaar number 6490 6114 7636
do hereby solemnly affirm and state as follows:

i. That I am Pairvikar of the petitioner Nitish Kumar and as

such a well acquainted with the facts and circumstances of
Telaiya P.S. Case no.–14/2021 corresponding to S.T. no.–
42/2021 which is pending before the Court of Ld. A.D.J. I,
Kodarma.
ii. That the contents of this petition have been read over and
explained to me in Hindi, which I have fully understood the
same.
 VERIFICATION

Verified at Kodarma on day of April 2021 that the contents

of the above affidavit are correct to the best of my knowledge and
belief.