Nitish Kumar @ Nitish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18027 of 2023 Arising Out of PS. Case No.-51 Year-2022 Thana- SISWAN District- Siwan ====================================================== Nitish Kumar @ Nitish Sah S/O Santosh Kuamr Sah R/O Village- Ramgarh, P.S.- Siswan (Chainpur O.P.), Distt- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam, Advocate For the Informant :

Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 664 of 2022 arising out of Siswan (Chainpur O.P.) P.S. Case No. 51 of 2022 dated 07.03.2022 registered for the offences u/ss 341, 307, 120B read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have fired on the informant due to that he got severely injured.

Patna High Court CR. MISC. No.18027 of 2023(4) dt.03-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner has two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 03.09.2022.

6. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant sustained grievous injury.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with S.T. No. 664 of 2022 arising out of Siswan (Chainpur O.P.) P.S. Case No. 51 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T