Patna High CourtCR. MISC./45049/2017disposed

Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

2017-09-22Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.45049 of 2017 (2) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45049 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Nitesh Kumar @ Nitish Kumar son of Ravindra Singh, resident of Village- Ramdiri, Ramnagar Tola, Police Station- Matihani, DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 Heard the parties.

This application is for grant of regular bail in connection with Matihani P.S.case No.86 of 2016 for the offences under Sections 387, 324, 326, 307/34 of the Indian Penal Code. Allegation against the petitioner is of firing on the informant in the abdomen causing injury to him. Submission of the learned counsel for the petitioner is there is no repetition of firing on the informant and further he has no criminal antecedent. The petitioner has remained in custody for about six months.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the petitioner has fired on the abdomen, which is vital part of the body.

Patna High Court Cr.Misc. No.45049 of 2017 (2) dt.22-09-2017 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner may renew is prayer for bail after framing of charge in this case and the learned trial court will examine the nature of the injury and if the nature of injury is simple in nature, he will release the petitioner on bail otherwise he is free to pass any other order or orders as he deems fit and proper.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T