Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51973 of 2014 Arising Out of PS.Case No. -190 Year- 2014 Thana -AMARPUR District- BANKA ======================================================

1. Nilesh Kumar son of Shri Bindeswari Yadav Resident of Village Gourey, P.S. Amarpur, District Baka, Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rani Kumari For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner and informant are cousin and accusation against the petitioner is that he along with co-accused Bindashwari Yadav pushed the deceased, who fell down into ditch as a result of which he died.

The contention on behalf of the petitioner is that after completion of investigation the case was found true under section 304 of the Indian Penal Code and as a matter of fact, the deceased fell into ditch accidentally and prior to the aforesaid incident a hot exchange of words had taken place between the informant and petitioner that is the reason the informant implicated the petitioner in the present case in fit of rage.

Patna High Court Cr.Misc. No.51973 of 2014 (3) dt.09-04-2015 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1sr Additional Session Judge, Banka in connection with Amarpur ( Fullidumar) P.S.Case No. 190 of 2014.

(Hemant Kumar Srivastava, J) Namita/- U T