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Patna High CourtCR. MISC./47350/2015rejected

Nitish Kumar v. The State Of Bihar

2015-10-29The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47350 of 2015 Arising Out of PS.Case No. -362 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Nitish Kumar S/o late Rajeshwari Prasad Singh, resident of VillagePoari P.S. Harnaut District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Mr. Binod Kumar (APP) For the Informant : Mr. Arshad Jamal Hashmi, Advocate. ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 29-10-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Nitish Kumar, in connection with Harnaut Police Station Case No. 362 of 2014, under Sections 308/307/341/323/504/337 of the Indian Penal Code. Perused the above application and materials on record.

Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioner, and Mr. Binod Kumar, learned Additional Public Prosecutor, appearing on behalf of the State. Heard also Mr. Arshad Jamal Hashmi, learned Counsel, appearing on behalf of the informant.

Patna High Court Cr.Misc. No.47350 of 2015 (2) dt.29-10-2015 2/2 Considering the nature of incriminating materials available against the accused above-named, this Court is of the view that at this stage, the accused above-named shall not be allowed to go on bail.

In view of the above and in the interest of justice, the prayer for bail is hereby rejected at this stage. This bail application shall stand disposed of accordingly.

On the request made on behalf of the petitioner, it is, however, made clear that the accused petitioner shall remain at liberty to apply afresh for bail, if situation so warrants. (I.A. Ansari, ACJ) K.C.jha/- U T