Patna High CourtCR. MISC./40544/2024bail granted

Nitish Kumar @ Gabbar v. The State Of Bihar

2024-09-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40544 of 2024 Arising Out of PS. Case No.-1204 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Nitish Kumar @ Gabbar Son of Ram Prakash Singh @ Lalo Mahto R/O Village- Bari Mouzi Santoshi Tola P.s.- Hasanpur Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmatma Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 302 of the Indian Penal Code .

3 . As per F.I.R., informant suspects that this petitioner committed the murder of sister of informant.

4. Learned counsel for the petitioner submits that only suspicion has been raised against this petitioner. Informant is not an eye witness to the alleged occurrence . During course of the investigation , none of the witnesses claimed to have seen the alleged occurrence . Petitioner has not committed any offence as alleged and as such , no case under Section 302 of the IPC is made out against this petitioner. Petitioner claims clean

Patna High Court CR. MISC. No.40544 of 2024(4) dt.09-09-2024 2/2 antecedent.

5 . Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Khagaria in connection with Khagaria ( Gangour ) P.S. case No. 1204 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T