Nitish Kumar @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22533 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- NIMACHANDPURA District- Begusarai ====================================================== Nitish Kumar @ Nitesh Kumar Son Of Ramji Ram R/O Village- Hathidah, P.S.- Hathidah, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-09-2022 This matter has been taken-up through video conference. Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today.

The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 147, 148, 149, 452 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution's case, the accused persons including the petitioner went to the informant's house and started open firing towards the doors and windows of the informant's house due to which, informant's daughter sustained fire-arm injury on her thigh Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.22533 of 2022(2) dt.09-09-2022 2/2 The petitioner is not named in the F.I.R. and nothing has been recovered from the conscious possession of the petitioner. It is further submitted that two other co-accused, namely, Kanhaiya Kumar and Deepak Kumar have been granted bail by this Court vide order dated 18.08.2022, passed in Criminal Miscellaneous No. 15884 of 2022 and 20303 of 2022 respectively. Further it is submitted that the petitioner is in custody since 23.07.2021, charge-sheet has been submitted in the case and has antecedent of one case.

Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Nimachandpura P.S. Case No. 69 of 2021.

(Khatim Reza, J) shanu/- U T