Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33301 of 2019 Arising Out of P.S. Case No.-27 Year-2019 Thana- NALANDA District- Nalanda ====================================================== NITISH KUMAR, aged about 22 years, Male, Son of Krishna Yadav Resident of Village- Juyafar Bazar, P.S.- Nalanda, District- Nalanda ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379, 307 and 337/34 of the Indian Penal Code. As per the prosecution case that all the accused persons including the petitioner is of assaulting the informant by rod, Khanti and farsa and of snatching of Rs.31,500/- from him. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. It is also submitted that there is case and counter case in between the parties. There is general and omnibus allegation against the petitioner. It is further submitted that similarly situated coaccused, namely, Chanti Devi has already been granted

Patna High Court CR. MISC. No.33301 of 2019(2) dt.31-07-2019 2/2 anticipatory bail by a coordinate Bench of this Court in Cr.Misc.No.32511 of 2019 vide order dated 16.05.2019. Petitioner has clean antecedent.

Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif/successor Court in connection with Nalanda P.S.Case No.27 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T