Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31725 of 2025 Arising Out of PS. Case No.-639 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== 1.
Nitish Kumar S/O Dinesh Paswan Resident of village- Chaura Parwaha, Ward no. 14, PS- Forbesganj, Dist.- Araria 2.
Satish Kumar @ Satish Paswan S/O Dinesh Paswan Resident of villageChaura Parwaha, Ward no. 14, PS- Forbesganj, Dist.- Araria ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Ravish, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners seek regular bail in connection with Forbesganj P.S. Case No. 639/2024 registered for the offences under Sections 329(3), 126(2), 115(2), 118(1), 109, 303(2), 352, 351 and 3(5) of B.N.S.
3. As per the prosecution case, it is alleged that the petitioners have assaulted the informant due to some dispute between them. It is alleged that petitioner no. 2 held the informant (Tuntun Kumar) while petitioner no. 1 is alleged to have assaulted him with knife, causing serious injury. It has also been stated that Rs. 10,000/- was snatched away from the pocket
Patna High Court CR. MISC. No.31725 of 2025(2) dt.19-05-2025 2/3 of the informant.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Learned counsel further submits that petitioners are nephews of the informant and the incident occurred due to a family dispute. From perusal of injury report of the informant contained in Annexure 'P/2', it appears that the injury sustained is simple in nature caused by sharp edged weapon. It is lastly submitted that the petitioners have two criminal antecedents in which they are on bail and are in custody since 05.02.2025.
5. Learned counsel for the State has opposed the prayer for bail of the petitioners and submits that the injury sustained by the informant are grievous in nature.
6. Considering the aforesaid facts and circumstances of the case and taking into account that the injury sustained by the informant is simple in nature caused by sharp edged weapon and further considering the period of custody of the petitioners, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) on each of them with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 639/2024 subject to
Patna High Court CR. MISC. No.31725 of 2025(2) dt.19-05-2025 3/3 the conditions :- a. One of the bailors of the petitioners shall be their close relative.
b. The petitioners shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to the cancelled by the Court concerned.
d. The Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) tusharika/- U T