Nikhil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10753 of 2020 Arising Out of PS. Case No.-574 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.
NIKHIL KUMAR Son of Prakash Raut Resident of Village - Jagiwan Nagar, P.S.- Bettiah (Town), Distt.- West Champaran. 2.
Anshu Kumar Son of Arun Kumar Resident of Village - Jagiwan Nagar, P.S.- Bettiah (Town), Distt.- West Champaran. 3.
Vishal Kumar Son of Arun Kumar Resident of Village - Jagiwan Nagar, P.S.- Bettiah (Town), Distt.- West Champaran.
4.
Rajan Raut Son of Late Gaya Raut Resident of Village - Jagiwan Nagar, P.S.- Bettiah (Town), Distt.- West Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No 7 For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-07-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State, through Video Conferencing.
This application, for grant of anticipatory bail, arises out of Bettiah Town Police Station Case No. 574 of 2019, disclosing offences under Sections 341/323/324/379/504/34 of the Indian Penal Code.
The allegation against the petitioners is that the petitioner no. 1 gave a knife blow on the informant, causing injuries near his chest and finger and all other accused persons
Patna High Court CR. MISC. No.10753 of 2020(4) dt.01-07-2020 2/3 assaulted the informant by fists, slaps and lathi and the petitioner no. 4 took out a sum of Rs. 15,000/- from the pocket of the informant.
Learned Counsel for the petitioners submits that both the parties are next door neighbours. He further submits that the petitioners have got no criminal antecedent and all sections are bailable, except Section 379 of the Indian Penal Code, which is super addition. He, referring to Annexure 2, submits that the injury sustained by the informant has been found to be simple in nature.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbours and the injury sustained by the informant has been found to be simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioners, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with
Patna High Court CR. MISC. No.10753 of 2020(4) dt.01-07-2020 3/3 Bettiah Town Police Station Case No. 574 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √