Nand Kishore Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.55042 of 2015 (3) dt.20-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55042 of 2015 Arising Out of PS.Case No. -254 Year- 2014 Thana -GHOSI District- JEHANABAD ====================================================== Nand Kishore Kumar Son of Sri Sadhu Sharan Yadav resident of Lakhawar, Police Station - Ghosi in the district of Jehanabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar For the Opposite Party : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Ghosi P.S. Case No. 254 of 2014 for the offences instituted under Sections 341, 323, 379 and 307/34 of the Indian Penal Code.

As per prosecution case that co-accused Dharmendra Kumar along with five unknown miscreants are said to have looted the house of the informant who was also assaulted on his head, finger and hand. The reason behind the occurrence is stated that the said co-accused under influence of liquor beat up the door of the informant and thereafter they have damaged the tiles of dalan and on his protest, they have assaulted on his head and thereafter accused persons ran away.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. As per the prosecution

Patna High Court Cr.Misc. No.55042 of 2015 (3) dt.20-01-2016 case, co-accused Dharmendra Kumar along with 3-4 unknown persons had come and assaulted the informant. Petitioner is not named in the FIR. The petitioner is the resident of the same village as that of the informant. In spite of that the informant had not named the petitioner in the FIR but later on in his re-statement, the petitioner's name has figured. Petitioner is a government employee, hence he has been falsely implicated in the present case for oblique reasons.

On behalf of the State it has been submitted that the petitioner is not named in the F.I.R. and his name has come in course of the investigation.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Ghosi P.S. Case No. 254 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Jehanabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T