Patna High CourtCR. MISC./11800/2024bail granted

Nitesh Kumar Choudhary @ Nitesh Kumar v. The State Of Bihar

2024-03-01Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11800 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- BARAHAT District- Banka ====================================================== NITESH KUMAR CHOUDHARY @ NITESH KUMAR S/o Sanjay Choudhary R/o Village-Mirzapur, P.S.-Barahat, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Satyaveer Jha, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Barahat P.S. case No. 185 of 2023 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution allegation, in short, is that on account of earlier dispute, the accused persons including the petitioner started indiscriminate firing on the brother of the informant due to which he died.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present

Patna High Court CR. MISC. No.11800 of 2024(2) dt.01-03-2024 2/3 case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner further submits that the deceased was veteran criminal of the locality and had six criminal cases including two cases under Section 302 I.P.C. and perhaps he may have been killed by his enemies but taking advantage of the same, the petitioner has been implicated in the present case. The petitioner is in custody since 29.09.2023 and has no criminal antecedent. Coaccused has been granted bail by a Coordinate Bench of this Court vide order dated 22.02.2024 passed in Cr. Misc. No. 10523 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.11800 of 2024(2) dt.01-03-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Barahat P.S. case No. 185 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T