Patna High CourtCR. MISC./45457/2024allowed

Nikesh Kumar @ Nikesh Yadav v. The State Of Bihar

2024-08-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45457 of 2024 Arising Out of PS. Case No.-312 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== Nikesh Kumar @ Nikesh Yadav S/o Ranjeet Yadav R/o vill - Belsira, P.S.- Shambhuganj, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhakar Kumar For the State :

Mr. Chandra Bhushan Prasad For the Informant :

Mr. Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 323, 341, 324, 307, 385, 379, 325, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have assaulted the informant and his four sons by means of iron rod.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that, from perusal

Patna High Court CR. MISC. No.45457 of 2024(2) dt.09-08-2024 2/2 of the injury report, it appears that one of the injuries is grievous in nature. The petitioner has no criminal antecedent and has been languishing in custody since 06.04.2024.

5. Learned APP for the State as well as learned counsel for the informant opposed the bail petition.

6. Considering the facts aforesaid and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Shambhuganj P.S. Case No. 312 of 2023.

(Anjani Kumar Sharan, J) anand/- U T