Nikku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32941 of 2020 Arising Out of PS. Case No.-164 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== NIKKU KUMAR, Son of Vijay Mahto @ Vijay Prasad Resident of Village - Bhatta, P.S.- Kashichak, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-04-2021 Heard Mr. Dilip Kumar Jha, learned counsel for the petitioner and Mr. Rajendra Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kashichak P. S. Case No. 164 of 2019, dated 10.10.2019, instituted for the offences under Sections 341, 323, 324, 338, 307, 504 and 34 of the Indian Penal Code.

The petitioner is said to have given a sword blow to the brother of the informant which has resulted in injuries on his person. However, learned counsel for the petitioner has drawn the attention of this Court to

Patna High Court CR. MISC. No.32941 of 2020(4) dt.13-04-2021 2/3 two paragraphs of the case-diary viz paragraph nos. 29 and 64, in which one of the independent persons of the village, namely, Usha Devi has stated that the name of the petitioner has wrongly been inserted in the F.I.R. as the petitioner was not present on the day of the occurrence.

This statement has been verified by the Investigating Officer whose statement has been recorded in paragraph 64 of the case-diary in which it has been stated that on enquiry from several independent persons of the village, it came to light that the petitioner had gone to play cricket along with his friends to Biharsharif and has falsely been implicated in this case. Regard being had to the afore-stated facts collected during the course of investigation and taking into account the clean antecedents of the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt /

Patna High Court CR. MISC. No.32941 of 2020(4) dt.13-04-2021 3/3 production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Nawada, in connection with Kashichak P. S. Case No. 164 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T