Patna High CourtCR. MISC./28902/2020bail granted

Nitish Kumar Yadav v. The State Of Bihar

2020-12-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28902 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- AMARPUR District- Banka ====================================================== Nitish Kumar Yadav aged about 19 years Son of Bhutto Yadav Resident of Village- Katahra, Police Station- Amarpur, District- Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State through video conferencing.

The petitioner apprehends arrest in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code as well as section 27 of the Arms Act.

Learned counsel for the petitioner submits that from perusal of the FIR itself it is clear that it was co-accused Randhir Kumar Singh who caused fire arms injury to the informant's son and no overt act has been alleged against the petitioner, save and except that he too was accompanying the said co-accused in an inebriated condition. Petitioner is covillager and has got no criminal antecedent as stated in

Patna High Court CR. MISC. No.28902 of 2020(2) dt.15-12-2020 2/2 paragraph 3 of the bail petition.

In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in Amarpur Police Station Case No. 05 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T