Nitish Rai @ Nitish Kumar @ Nitish Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42398 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

Nitish Rai @ Nitish Kumar @ Nitish Ray S/o Prem Chandra Rai R/o vill - Dih Dashara, P.S. - Patori, Distt. - Samastipur 2.

Rajesh Kumar @ Rajesh Ray @ Rajesh Rai S/o Prem Chandra Rai R/o vill - Dih Dashara, P.S. - Patori, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Patori P.S. Case No. 18 of 2024 dated 17.01.2024 registered for the offences punishable u/ss 341, 323, 324, 307, 379, 504 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have abused the informant. On being objected by the informant, the petitioner Nitish Kumar inflicted farsa blow on the head of the informant due to which he sustained injury. Thereafter, the petitioners and the co-

Patna High Court CR. MISC. No.42398 of 2024(2) dt.25-06-2024 2/3 accused persons assaulted the informant with lathi, stick, bricks and stones. When Kusheshwar Thakur, Raj Kumar Thakur and Sunil Thakur came to rescue then they were also abused and assaulted by the accused persons and also snatched gold chain from the informant's neck. The co-accused, Reeta Devi took Rs. 3,000/- from the informant's pocket.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is a case and counter case between the parties. As per the injury report of the injured, the injury is simple in nature caused by hard and blunt object. It is further submitted that the two other persons, Kusheshwar Thakur and Raj Kumar Thakur also received injuries but their injuries are also simple in nature. The petitioners have one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 02.04.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with

Patna High Court CR. MISC. No.42398 of 2024(2) dt.25-06-2024 3/3 two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Patori P.S. Case No. 18 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T