Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8679 of 2020 Arising Out of PS. Case No.-242 Year-2019 Thana- PARSABAZAR District- Patna ====================================================== NITISH KUMAR Son of Mukesh Kumar @ Mukesh Yadav Resident of Rahimpur, Parsa, P.S.- Parsa- Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shama Sinha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Parsa Bazar PS case no. 242 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 332, 504, 307, 353, 333, 427 of Indian Penal Code.

The allegation is regarding unknown miscreants having tortured a person of unsound mind who was stated to be a child-lifter and subsequently, the village spy is said to have identified the petitioner as one of the mob members. The learned counsel for the petitioner has submitted that at best, the petitioner can be said to be one member of the mob, however no specific allegation has been

Patna High Court CR. MISC. No.8679 of 2020(2) dt.28-02-2020 2/2 levelled, as far as the petitioner is concerned. The petitioner is said to be having a clean antecedent and has got no role to play in the alleged incident.

Having regard to the facts and circumstances of the case and considering submissions made by the learned counsel for the petitioner, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge VIII-cum-A.C.J.M., Patna in connection with Parsa Bazar PS case no. 242 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T