Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26209 of 2024 Arising Out of PS. Case No.-63 Year-2021 Thana- JHAJHA District- Jamui ====================================================== Nitish Kumar son of Triloki Yadav Village- Kathbajra Ps- Jhajha Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha For the Opposite Party/s :
Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.
3. As per the prosecution case, on 02.03.2021 at about 7 PM, co-accused Mahadev Yadav and Surendra Yadav took away son of the informant for attending a Tilak ceremony and after an hour, informant received a telephonic message that his son is lying in injured condition near Kathara river and immediately thereafter, the informant admitted his son in a hospital. This petitioner is alleged to have taken away mobile phone of son of informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.26209 of 2024(4) dt.26-10-2024 2/2 informant is not eye-witness to the occurrence and only suspicion has been raised against petitioner and others. Moreover, the son of informant sustained simple injury. Learned counsel further submits that F.I.R. has been lodged after a delay of six days without any plausible explanation of delay. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner 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 learned C.J.M., Jamui in connection with Jhajha P.S. Case No. 63/2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T