Bharat Yadav @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1924 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- KARAI PARSURAI District- Nalanda ====================================================== Bharat Yadav @ Nitish Kumar SON OF JATAN YADAV @ RAM JATAN YADAV Village -Nesara PS- Karay Parsurai Distt -Nalanda ... ... Appellant/s

Versus

1.

The State of Bihar 2.

LOVKUSH KUMAR SON OF ARJUN RAVIDAS RESIDENT OF VILLAGE- KEWAI MAHMADPUR, PS- KHUDAGANJ, DISTNALANDA, AT BIHARSHARIF ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Suneil Kumar Thakur, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Spl.P.P.

Mr. Mahboob Ashraf, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and the learned counsel appearing on behalf of the respondent no.2, Mr. Mahboob Ashraf.

2. The appellant has challenged the order dated 21.03.2024 passed by the learned Additional Sessions Judgecum-Special Judge SC/ST (Prevention of Atrocities) Act, Biharsharif, Nalanda in connection with Karay Parsurai P.S. Case No.103 of 2023 instituted for the offences under Sections 341, 323, 307, 504, 506/34 of the IPC, Section 27 of the Arms Act and Section 3(1)(r), 3(2) of the SC & ST Act, whereby their prayer for grant of anticipatory bail has been rejected.

Patna High Court CR. APP (SJ) No.1924 of 2024(2) dt.02-09-2024 2/2

3. The learned counsel appearing on behalf of the respondent no.2 at the outset submits that he has instruction of the informant not to oppose the appeal.

4. Considering the submission made by the learned counsel appearing for the respondent no.2, the order dated 21.03.2024 is set aside.

5. The appeal stands allowed.

6. Considering the submissions made by the learned counsel appearing on behalf of the respondent no.2, the appellant above named, in the event of his arrest or surrender before the learned court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge SC/ST (Prevention of Atrocities) Act, Biharsharif, Nalanda in connection with Karay Parsurai P.S. Case No.103 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) Prakash Narayan U T