Nitish Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.54994 of 2017 (2) dt.21-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54994 of 2017 Arising Out of PS.Case No. -250 Year- 2017 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Nitish Kumar, S/o Sarvan Yadav,

2. Kundan Kumar, S/o Binod Gop, R/o Vill- Gulabbag, P.S.- Barh, DistPatna. .... .... Petitioners/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 The petitioners seek regular bail in connection with Barauni (Refinery) P.S. Case No. 250 of 2017, registered for offences punishable under Sections 307/34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioners is of firing on the informant.

It has been submitted on behalf of the petitioners that out and out false and fabricated allegation has been made. Further petitioners have not been named in the F.I.R, their names have surfaced on confession of other co-accused. It has also been submitted that no injury has been caused to the informant. Further they have no criminal antecedent and has been in custody since 25.07.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.54994 of 2017 (2) dt.21-11-2017 the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai, in connection with Barauni (Refinery) P.S. Case No. 250 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make thesmelves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

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