Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6433 of 2025 Arising Out of PS. Case No.-238 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Nitish Kumar S/o Bablu Tanti Presently residing at Bari Telauchh, Ward/15, Farreh, Khagaria, Bihar- 851213 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Deepika Sharma, Adv.
:
Mr. Rajat Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 127(2), 109, 303(2), 324(4), 324(5), 352, 351(2), 351(3), 3(5) of B.N.S. Act and Section 27 of the Arms Act.
3. The petitioners along with other co-accused persons are said to have assaulted the informant with fists and butt of pistol.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.6433 of 2025(2) dt.14-02-2025 2/2 there is no specific overt act against the petitioner. The injury sustained by the victim is simple in nature. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 18.12.2024 passed in Cr. Misc. No. 86448 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chautham P.S. Case No. 238 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S. (Anjani Kumar Sharan, J) anand/- U T