Patna High CourtCR. MISC./29362/2023bail granted

Nitish Kumar v. The State Of Bihar

2023-07-21Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29362 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== 1.

NITISH KUMAR SON OF SITA RAM YADAV RESIDENT OF VILLAGE -ROOPNAGAR ,PS BARAUNI (CHAKIYA OP), DISTRICT BEGUSARAI 2.

SUJEET KUMAR SON OF LATE BAIDNATH RAJAK RESIDENT OF VILLAGE -ROOPNAGAR ,PS BARAUNI (CHAKIYA OP), DISTRICT BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-07-2023

1. Learned counsel for the petitioner no. 1 seeks permission to withdraw this application, since during the pendency of this application he has been arrested.

2. Permission is accorded.

3. Accordingly, the application of petitioner no.1 Nitish Kumar is dismissed as withdrawn.

4. Heard learned counsel for the petitioner no. 2 Sujeet Kumar and the learned A.P.P. for the State.

5. The petitioner no. 2 apprehends his arrest in connection with Barauni (Chakia O.P.) P.S. Case No. 113 of 2023 registered under Section 307 and other allied sections of the Indian Penal Code.

Patna High Court CR. MISC. No.29362 of 2023(2) dt.21-07-2023 2/2

6. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. There is specific allegation against co-accused Nitish Kumar. Further he submits that petitioner has no criminal antecedent.

7. Having considered the facts and circumstances of the case, let the above named petitioner no. 2 Sujeet Kumar be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of C.J.M., Begusarai in connection with Barauni (Chakia O.P.) P.S. Case No. 113 of 2023, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) shailendra/- U T