← Library
Patna High CourtCR. MISC./28728/2024allowed

Nand Kumar @ Nikesh Kr. Singh @ Nand Kumar Singh @ Nand Kumar Yadav v. The State Of Bihar

2024-05-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28728 of 2024 Arising Out of PS. Case No.-348 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

Nand Kumar @ Nikesh Kr. Singh @ Nand Kumar Singh @ Nand Kumar Yadav, S/o Late Keshwar Singh R/o vill - Uchkundha, P.S. - Daudnagar, Distt. - Aurangabad 2.

Raushan Kumar, S/o Daroga Singh R/o vill - Uchkundha, P.S. - Daudnagar, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Anu Priyadarshni, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Daudnagar P.S. Case No. 348 of 2023, instituted under Sections 147, 148, 149, 341, 323, 308 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence F.I.R. named accused persons including the petitioners stopped the tractor of the informant. It is alleged that co-accused Nitish Kumar assaulted Girija Singh causing injury. Co-accused Vijay Singh assaulted Rahul Kumar with Khanti on his head. Subhash Singh assaulted Ramekbal Singh and Bablu Kumar and Ajay Singh assaulted Prince Kumar and Sani Kumar respectively with lathi.

Patna High Court CR. MISC. No.28728 of 2024(2) dt.15-05-2024 2/2

4. Learned counsel for the petitioners submits that petitioners are innocent and have not committed any offence. They have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. As per the F.I.R., petitioners are not assailants of any person. They have no criminal antecedents.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Daudnagar P.S. Case No. 348 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T