Patna High CourtCR. MISC./8802/2023disposed

Nitish Kumar v. The State Of Bihar

2023-06-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8802 of 2023 Arising Out of PS. Case No.-313 Year-2022 Thana- KOTWA District- East Champaran ====================================================== 1.

Nitish Kumar Son of Kamaldev Rai Resident of Bhopatpur Vishunpur, P.S.- Kotwa, District - East Champaran 2.

Jitendra Kumar @ Jitendra Yadav Son of Kashi Rai Resident of Bhopatpur Vishunpur, P.S.- Kotwa, District - East Champaran 3.

Sunil Kumar Son of Kamaldev Rai Resident of Bhopatpur Vishunpur, P.S.- Kotwa, District - East Champaran 4.

Kamaldev Rai Son of Late Kashi Rai Resident of Bhopatpur Vishunpur, P.S.- Kotwa, District - East Champaran 5.

Mukesh Prasad Yadav @ Mukesh Kumar Son of Nathu Rai Resident of Bhopatpur Vishunpur, P.S.- Kotwa, District - East Champaran 6.

Awanish Kumar Son of Nathu Rai Resident of Bhopatpur Vishunpur, P.S.- Kotwa, District - East Champaran 7.

Sushila Devi Wife of Kamaldev Rai Resident of Bhopatpur Vishunpur, P.S.- Kotwa, District - East Champaran ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Anuj Kumar, Advocate For the State :

Mr.Raj Kishor Singh, Addl Public Prosecutor for the informant Mr VS Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2023 Petition for pre-arrest bail of petitioner no.3 is dismissed as withdrawn.

Heard learned counsel for the petitioners no. 1, 2, 4, 5, 6 & 7, the State and the informant.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 307, 354B, 379 and other ancillary sections of the Indian Penal Code.

Allegation against these petitioners is of commission

Patna High Court CR. MISC. No.8802 of 2023(3) dt.26-06-2023 2/2 of assault.

Doctor has found simple injuries. Case and counter case. Parties are co-villagers.

Learned counsel for the State as well as the informant oppose the prayer for bail.

Considering the aforesaid facts of the case, prayer for bail of the petitioners no. 1, 2, 4, 5, 6 & 7 is allowed. In the event of arrest/surrender within six weeks from today, let the petitioners no. 1, 2, 4, 5, 6 & 7 mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Kotwa (Bhopatpur Police Station Case No. 313/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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