Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19036 of 2017 Arising Out of PS.Case No. -257 Year- 2015 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================
1. Nitish Kumar, S/o sri Mukesh Prasad, Permanent resident of VillageDamchak, P.O.-Kaila, P.S.-Sare, District-Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Sinha For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner apprehends his arrest in connection with Rahui P.S. Case No. 257 of 2015, registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.
In the First Information Report there is no specific allegation against the petitioner for assaulting anyone. Submission is of false implication and that due to land dispute the petitioner has been implicated in this case, other co-accused namely Devendra Mahto, Sanikant Kumar and Shashikant Kumar @ Vijit Kumar @ Bijit Kumar have been allowed pre-arrest bail and, as such, the petitioner deserves
Patna High Court Cr.Misc. No.19036 of 2017 (2) dt.22-05-2017 2/2 sympathetic consideration.
The learned A.P.P. fairly submits that against the petitioner there is no allegation for assaulting anyone. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, in connection with Rahui P.S. Case No. 257 of 2015, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T