Nitish Kumar @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35327 of 2023 Arising Out of PS. Case No.-102 Year-2021 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== 1.

Nitish Kumar @ Rohit Kumar Son Of Rambali Yadav Village- Tajpur PsBarabar Prayatan Vishuganj Op Dist- Jehanabad 2.

Vikash Yadav @ Vikash Kumar Son Of Rambali Yadav Village- Tajpur PsBarabar Prayatan Vishuganj Op Dist- Jehanabad 3.

Rajendra Yadav @ Rajindra Yadav Son Of Late Dhaneshwar Yadav VillageTajpur Ps- Barabar Prayatan Vishuganj Op Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Atul Shankar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code.

3. The petitioners along with other accused persons are said to have assaulted the informant by means of sword, khanti and lathi-danda.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act

Patna High Court CR. MISC. No.35327 of 2023(2) dt.27-07-2023 2/2 against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 02.08.2022 passed in Cr. Misc. No. 8853 of 2022. He further submits that petitioner no. 3 has one criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their 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) each 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 Barabar Prayatan P.S. Case No. 102 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T