Nitish Kumar @ Nitish Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3224 of 2022 Arising Out of PS. Case No.-299 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Nitish Kumar @ Nitish Chauhan S/o Yogendra Chauhan R/o village- Lohra, P.S.- Muffasil, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Informant : Mr. Shankar Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-03-2022 Heard both parties.

The petitioner seeks bail in Muffasil P.S. Case No. 299 of 2019, registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code. Later on, section 302 IPC was added.

As per the prosecution case, this petitioner along with two other FIR named accused persons assaulted the husband of informant by means of iron rod causing his death. It is submitted on behalf of the petitioner that allegation of assault is general and omnibus and no specific overt act has been attributed against this petitioner. Petitioner is in custody since 03.09.2021 having clean antecedent. Charge has already been framed. Similarly situated co-accused

Patna High Court CR. MISC. No.3224 of 2022(2) dt.31-03-2022 2/2 Yogendra Chauhan and Vikash Chauhan @ Bikash Chauhan @ Vikash Boss have been granted bail by this Court vide order dated 29.03.2022 passed in Cr. Misc. No. 42839 of 2021 and dated 18.08.2021 passed in Cr. Misc. No. 42288 of 2021. Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 Chief Judicial Magistrate, Nawada in connection with Muffasil P.S. Case No. 299 of 2019.

(Prabhat Kumar Singh, J) vinita/- U T