Patna High CourtCR. MISC./18020/2023allowed

Nitish Kumar v. The State Of Bihar

2023-08-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18020 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== NITISH KUMAR Son of Rajendra Prasad Resident of village - Mamka Khaira (Sarim Khaira), P.S.- Aurangabad (Muffasil), District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307, 323/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of firing upon the informant, due to which he sustained injury on his thigh.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is no intention to kill the informant. The as alleged firing made by this petitioner upon the informant's thigh, which is not a vital part. As per Medical report, it appears that there is no any evidence of bone

Patna High Court CR. MISC. No.18020 of 2023(3) dt.01-08-2023 2/2 fracture. He is languishing in judicial custody since 25.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Rafiganj P.S. Case No. 204 of 2022.

(Sunil Kumar Panwar, J) arish/- U T