Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15434 of 2021 Arising Out of PS. Case No.-164 Year-2017 Thana- EKANGARSARAI District- Nalanda ====================================================== Nitish Kumar S/o Jawala Prasad R/o Village- Chak Lodipur, P.S.- Ekangarsarai, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar For the Opposite Party/s :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-07-2021 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
The petitioner is in custody in connection with Ekangarsarai P.S. Case No. 164 of 2017 for the offence under Section 302/34 of the Indian Penal Code. Earlier, the prayer for bail of the petitioner was rejected vide order dated 31.01.2020 passed in Cr. Misc. No. 84083 of 2019.
The petitioner is in custody since 09.05.2018, hence he has completed more than three years in custody and as per the averment made in paragraph 3
Patna High Court CR. MISC. No.15434 of 2021(2) dt.14-07-2021 2/2 of the petition, the petitioner is not having any criminal antecedent.
Considering the fact that petitioner has no criminal antecedent, he has remained in custody for more than three years and the injury has been caused in the background of land dispute, the Court is inclined to grant bail to him.
The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge-III, Hilsa, Nalanda in connection with Ekangarsarai P.S. Case No. 164 of 2017 arising out of Sessions Trial No. 694 of 2018.
Accordingly, the application stands disposed off. (Anil Kumar Upadhyay, J) Shageer/- U T