Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4110 of 2019 Arising Out of PS. Case No.-169 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Nilesh Kumar, son of Ajay Kumar, resident of Village- Kamalpur, P.S. Ballia, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ballia P.S. Case No. 169 of 2018 registered under Section 447, 234, 326 and 307/34 of the Indian Penal Code.

Three unknown motorcycle borne miscreants are said to have resorted firing upon the informant and on one Sanjit Singh in course of chatting between them inflicting injury on the leg of the informant while on the thigh of Sanjit Singh. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The petitioner is not named in the F.I.R. There is no witness of the occurrence. Though the

Patna High Court Cr.Misc. No.4110 of 2019(2) dt.30-01-2019 2/2 informant has not named the petitioner in the occurrence rather in para-27 of the case diary he has stated about complicity of the petitioner in the occurrence on the basis of rumor. There is nothing on record indicating the complicity of the petitioner in the occurrence barring his confessional statement recorded by the police in Balia P.S. Case No.209 of 2018 and more over three miscreants are said to have resorted firing but the police has submitted chargesheet against the five accused persons including the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has been languishing in custody since 27.08.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No.169 of 2018.

(Prakash Chandra Jaiswal, J) Trivedi/- U T