Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32887 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== NITISH KUMAR Son of Rama Nand Pandit Resident of Village - Musechak, P.S.- Sahebpur Kamal, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 452, 341, 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while the informant was sleeping in his veranda at night, all the accused persons, variously armed, came and fired at him due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.1.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case.

Patna High Court CR. MISC. No.32887 of 2019(3) dt.20-06-2019 2/2 The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act has been alleged against the petitioner. The alleged occurrence is said to have taken place at 11.15 p.m. in the night but no source of identification has been disclosed.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 Smt. Sangeeta Rani, A.C.J.M.-V-cum-Sub-Judge-III, Begusarai in connection with Sahebpur Kamal P.S. Case No. 209 of 2018. (Sudhir Singh, J) Pankaj/- U T