Nitish Yadav @ Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16046 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- BALIYA District- Begusarai ====================================================== NITISH YADAV @ NITISH KUMAR SON OF DAMODAR YADAV @ PRAMOD YADAV RESIDENT OF VILLAGE - CHHOTI BALLIA AKTIYARPUR, P.S. - BALLIA, DISTRICT - BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarvottam Kumar For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends his arrest in connection with Ballia P.S. Case No.301/2023 dated 26.10.2023 registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 325, 337, 338, 307, 435, 436, 353, 427, 153A, 295A, 505B, 505C, 120(B) and 379 of the Indian Penal Code & Section 9 of Loudspeaker Act.
3. As per the prosecution case, petitioner and other accused persons disturbed law and order situation during immersion of deities on the eve of Durga Puja.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been
Patna High Court CR. MISC. No.16046 of 2024(2) dt.14-03-2024 2/2 implicated in this case. Allegation is general and omnibus and no specific overt act has been alleged against the petitioner. Coaccused, with similar allegation, have already been allowed prearrest bail by different co-ordinate benches of this Court vide orders passed in Cr.Mis.No.3834/2024 and 6150/2024.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Begusarai in connection with Ballia P.S. Case No.301/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T