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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50044 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== Nitish Kumar @ Nitish Kumar Ray S/o Tiro Ray Resident of Village- Fulaut Purab (Purbi), P.S.- Chausa, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

25-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Chausa (Fulaut O.P) P.S. Case No. 101 of 2020, registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the F.I.R., while the informant and his brother were going to market, all the F.I.R. named accused persons including this petitioner surrounded them and on the order of co-accused Vinod Yadav, co-accused Kari Yadav opened fire, which hit the brother of the informant.

It is submitted on behalf of petitioner that specific allegation of causing fire-arm injury is against co-accused Kari Yadav. So far as this petitioner is concerned, there is general and omnibus allegation. Co-accused Vinod Yadav, who is order-

Patna High Court CR. MISC. No.50044 of 2021(2) dt.25-11-2021 2/2 giver, has already been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 26.08.2021 passed in Cr.Misc. No. 3642 of 2021. Petitioner is in custody since 12.03.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Udakishunganj, District - Madhepura in connection with Chausa (Fulaut O.P) P.S. Case No. 101 of 2020.

(Prabhat Kumar Singh, J.) anay U T