Nitesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19590 of 2016 Arising Out of PS.Case No. -194 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nitesh Singh son of Mundrika Singh, Resident of Village- Kesariya, P.S.- Kesariya, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-05-2016 Heard Sri Sunil Kumar No. III, learned counsel for the petitioner and Sri Tarun Prasad Mandal, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Kesariya P.S. Case No. 194 of 2015 registered for offence under Sections 147, 148, 448, 341, 323, 325, 379 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner has pressed the bail petition on the question of parity. He submits that in the F.I.R., there were eight persons arrayed as accused. He submits that out of eight accused, six accused persons have already been granted anticipatory bail by this Court by its order dated 18-01-2016

Patna High Court Cr.Misc. No.19590 of 2016 (2) dt.19-05-2016 2/2 passed in Cr. Misc. No. 1899 of 2016 and Cr. Misc. No. 1930 of 2016. He submits that even the person, against whom there was allegation of firing namely Akhilesh Singh @ Shokan Singh, has also been granted anticipatory bail.

Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail, however; he was not in a position to distinguish the case of the petitioner with the others. Keeping in view the fact that out of eight F.I.R. named accused, six have already been extended the privilege of anticipatory bail, let the petitioner namely Nitesh Singh, in the event of his arrest or surrender within a period of six weeks from today, 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 Sri R.S. Pandey, Judicial Magistrate 1st Class, Sadar at Motihari in connection with Kesaria P.S. Case No. 194 of 2015, subject to condition as contemplated under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T