Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8353 of 2024 Arising Out of PS. Case No.-126 Year-2018 Thana- RAHUI District- Nalanda ====================================================== Nitish Kumar S/O Ishwar Chaudhary R/O- Village- Sosandi, P.S.- Rahui, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Prasad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner, State and informant.

2. The petitioner seeks bail in a case registered for offence under Sections 147, 149, 323, 504, 307, 302, 325 of the Indian Penal Code.

3. As per prosecution case, this petitioner alongwith co-accused Braj Kishore Chaudhary assaulted grandfather of the informant by means of Khanti and iron rod, on account of which, during course of treatment he died.

4. It is submitted on behalf of petitioner that the allegation of assault is general and omnibus. It is further submitted that as per F.I.R., this petitioner alongwith co-accused Braj Kishore Chaudhary are alleged to have assaulted the deceased, but who is the main assailant is not clear, rather it is vague. Petitioner has got clean antecedent and is in custody

Patna High Court CR. MISC. No.8353 of 2024(3) dt.03-04-2024 2/2 since 01.10.2023.

5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is specific and direct allegation that this petitioner alongwith co-accused Braj Kishore Chaudhary assaulted the deceased by means of Khanti and iron rod. Petitioner is one of the main assailant.

6. Considering the nature of accusation, the prayer for bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay U T