Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.57939 of 2017 (2) dt.13-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57939 of 2017 Arising Out of PS.Case No. -322 Year- 2017 Thana -JAMUI District- JAMUI ====================================================== Nitesh Kumar @ Nitish Kumar, son of Mahendra Patel, Resident of Village- Tal Saharsa, P.S.- Sikandara, District- Jamui. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-12-2017 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Jamui PS Case No. 322 of 2017 registered under Sections 147, 148, 149, 323, 337, 338, 307, 435, 153A and 295A of the IPC.

The allegation in brief is that large number of people approximately 250 in number of other community started brick batting on Tazia procession and also set fire to Tazia. The persons throwing brick bats including the petitioner are named in the FIR. Learned Counsel for the petitioner submits that the petitioner is a student and resident of a village whereas the place of occurrence is Jamui Town and even then he is named by the police without any source of identification, however there is general and omnibus allegation, the petitioner has clean antecedent and has been in custody since 4.10.2017.

Having considered the said facts and circumstances, the petitioner, namely, Nitesh Kumar @ Nitish Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Jamui in connection with Jamui PS Case No. 322 of 2017. (Arun Kumar, J.) Snkumar/- U T