Nami Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24668 of 2020 Arising Out of PS. Case No.-166 Year-2018 Thana- NOKHA District- Rohtas ====================================================== 1.

Nami Kumar Son of Rajendra Singh Resident of Village - Kushahi, P.S. Nokha, Distt. Rohtas.

2.

Vinod Kumar Son of Sheoji singh Resident of Village - Kushahi, P.S. Nokha, Distt. Rohtas.

3.

Guddu Kumar Son of Late Narayan Singh Resident of Village - Kushahi, P.S. Nokha, Distt. Rohtas.

4.

Pramod Singh @ Pramod Kumar Son of Chhote Lal singh S/O Late Shagaru Kuraishi Resident of Village - Kushahi, P.S. Nokha, Distt. Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dineshwar Mishra, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-10-2020 Heard Mr. Dineshwar Mishra, learned Advocate for the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Nokha P.S. Case No. 166 of 2018 dated 21.06.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 379 and 34 of the Indian Penal Code.

Earlier the petitioners got their applications withdrawn as at that time, there was no apprehension of being arrested. The aforesaid order was passed on 09.01.2020 in Cr. Misc. No. 71049 of 2018.

Learned counsel for the petitioners submits that now the police is trying to arrest the petitioners.

Patna High Court CR. MISC. No.24668 of 2020(3) dt.16-10-2020 2/2 The occurrence for which the petitioners have been made accused appears to have arisen because of a dispute over irrigation. The injuries suffered by the informant and his son are stated to be simple in nature. One of the accused persons of this case viz. Rajesh Kumar who on arrest was released on bail by the court below. One such accused person viz. Rajendra Singh has been granted anticipatory bail by this Court vide order dated 09.01.2019, in the same petition (Cr. Misc. No. 71049 of 2018) when the application of the petitioners were permitted to be withdrawn because of lack of apprehension of arrest.

Considering these set of facts, the petitioner are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Rohtas in connection with Nokha P.S. Case No. 166 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T