Nikesh Maholi @ Nikesh Kumar Maholi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3801 of 2021 Arising Out of PS. Case No.-401 Year-2019 Thana- KORHA District- Katihar ====================================================== NIKESH MAHOLI @ NIKESH KUMAR MAHOLI son of Late Indradeo Maholi Resident of Village- Bawan Ganj, P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghvendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 427, 504, 506/34 of the Indian Penal Code.

Allegation against the accused persons is that they brutally assaulted the son of the informant with intention to kill him. It is further alleged that after occurrence, petitioner fired in the meantime, one cartridge fell from his packet and the same was handed over to the police.

Patna High Court CR. MISC. No.3801 of 2021(2) dt.26-03-2021 2/2 Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that there is case and counter case between the parties. He submits that after perusal of the FIR and case diary, it appears that injury found upon the victim is simple in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 16.07.2020. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Korha P.S. Case No. 401 of 2019.

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