Nitesh Kumar @ Nitesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22807 of 2023 Arising Out of PS. Case No.-178 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== NITESH KUMAR @ NITESH CHAUDHARY Son of Avdhesh Chaudhary R/V- Bhitaha, PS- Bairiya Distt- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mrs. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The defect (s) pointed out by the office is ignored.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 & 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. The allegation against the petitioner is that he was the member of the gang who assaulted the informant and others and also committed robbery.

5. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.22807 of 2023(2) dt.31-07-2023 2/2 omnibus in nature. Similarly situated co-accused, namely, Vikas Kumar @ Vikash Kumar and Mukesh Chaudhary have been enlarged on bail by a co-ordinate bench of this court vide order dated 16.05.2023 and 17.04.2023 passed in Cr. Misc. Nos. 11659 of 2023 and 6654 of 2023 respectively. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. Having regard to the facts and circumstances of the case as no specific overt act has been attributed against the petitioner and similarly situated co-accused has already been granted bail by co-ordinate Bench of this Court, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bairiya P.S. Case No. 178 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T