Nitesh Kumar @ Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39490 of 2023 Arising Out of PS. Case No.-322 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== Nitesh Kumar @ Nitish Kumar S/O Kamindra Yadav R/O Village-Hasanpura, P.S. And District-Arwal ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Srinandan Pd. Singh, Sr. Adv.
Mr. Rishabh Mishra, Adv.
For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.
3. Petitioner is said to have assaulted the injured person by means of spade on his head.
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that the injury found upon the victim is simple in nature. He submits that after investigation, the police has filed the charge-sheet against the petitioner under Section 308 of the IPC. He further submits that petitioner has no criminal antecedent as stated in para-3 of
Patna High Court CR. MISC. No.39490 of 2023(3) dt.17-10-2023 2/2 the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that the injury found upon the victim is simple in nature, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Arwal P.S. Case No. 322 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T