Nitesh Kumar @ Nitesh Rai @ Dhela v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23602 of 2022 Arising Out of PS. Case No.-589 Year-2020 Thana- SONEPUR District- Saran ====================================================== Nitesh Kumar @ Nitesh Rai @ Dhela Son Of Kanshi Lal Rai @ Kanda Rai R/O Village- Parmanandpur Abdulhi, P.S.- Sonepur, District- Saran At Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23930 of 2022 Arising Out of PS. Case No.-589 Year-2020 Thana- SONEPUR District- Saran ====================================================== BIKAS KUMAR @ VIKASH RAI @ PALLU Son of Dinesh Ray Resident of village - Parmanandpur Abdulhi, P.S. - Sonepur, District - Saran at Chapra. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 23602 of 2022) For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP (In CRIMINAL MISCELLANEOUS No. 23930 of 2022) For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 341, 323, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated that the six named accused persons including the two petitioners herein came to the shop of the informant and over a trivial dispute all of them abused and assaulted the son of the informant as a result of which

Patna High Court CR. MISC. No.23602 of 2022(4) dt.12-01-2023 2/2 he died.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR. The petitioners are in custody since 21.2.2022 and 16.11.2021 respectively, they have no criminal antecedent and their case stands on a similar footing to that of other co-accused who have been enlarged on bail vide orders contained in Annexure -3 series.

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

Having heard learned counsel for the parties and taking into consideration the nature of allegations, the period in custody of the petitioners, chargesheet having been submitted in the case and grant of bail to the similarly situated co-accused, the Court directs the two petitioners to be enlarged on bail in connection with Sonepur P.S. Case no. 589 of 2020 on each of them 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, Saran at Chapra. (Partha Sarthy, J) Bibhash/- U T