Nitish Kumar @ Nitish Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12796 of 2020 Arising Out of PS. Case No.-50 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== NITISH KUMAR @ NITISH BHARTI, aged about 24 years, Male, Son ofBishwambhar Kumar @ Vishwambhar Kumar, Resident of Village - Sattar Ward No.2, P.S.- Bihra, Dist.- Saharsa at Present Mohalla- Shivpuri Ward No.14, Saharsa, Dist.- Saharsa ... Petitioner

Versus

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

For the Petitioner :

Mr. Amarnath Jha, Adv.

For the Opposite Party :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Saharsa Sadar P.S. Case No. 50 of 2019, registered under Sections 147, 341, 323, 447, 354, 386 and 307 of the Indian Penal Code and 27 of the Arms Act.

Submission is that it would appear from the first information report that the petitioner is not named in the first information report as first information report was lodged on the basis of fardbeyan of informant, Riya Devi, against Shashi Yadav and 22 unknown. In course of investigation, at the instance of the informant, the witnesses disclosed the name of the petitioner and others as associates of the named co-accused,

Patna High Court CR. MISC. No.12796 of 2020(2) dt.02-07-2020 2/2 Shashi Yadav, due to grudge, as the informant used to run a security agency in which petitioner was also performing his duty, but, the wage was not paid, thereafter, petitioner used to make demand of payment. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Saharsa Sadar P.S. Case No. 50 of 2019 shall be released 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 Chief Judicial Magistrate, Saharsa, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T