Patna High CourtCR. MISC./24508/2023bail granted

Nitesh Kumar @ Santu v. The State Of Bihar

2023-05-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24508 of 2023 Arising Out of PS. Case No.-489 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Nitesh Kumar @ Santu, Son of Shesh Nath Singh, R/V- Pakauli, PS- Bidupur Dist- vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bidupur P.S. Case no. 489/2020 registered under sections 307, 341, 323, 324, 354, 379, 385 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, it is stated that on the orders of Shesh Nath Singh, Bileshwar Kumar @ Appu @ Amit Kumar fired on the husband of the informant which hit him in his stomach. Thereafter the petitioner fired on the informant's husband which missed him.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegation of firing is mainly on Bileshwar Kumar @ Appu @

Patna High Court CR. MISC. No.24508 of 2023(2) dt.18-05-2023 2/2 Amit Kumar. So far as the petitioner is concerned, no injury was caused to anyone as a result of the alleged firing by him. He is in custody since 8.2.2023 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R, no person having been hurt as a result of firing resorted to by this petitioner who is in custody for more than 3 months since 8.2.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bidupur P.S. Case no. 489/2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur.

(Partha Sarthy, J) avinash/- U T