Gobinda Jaiswal @ Nitiesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1111 of 2021 Arising Out of PS. Case No.-321 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== Gobinda Jaiswal @ Nitiesh Kumar, Son of Gulavchand Jaysawal, Resident of Village - Bhadkuiyan, Ward No 5, P.S. - Barauli, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava, Advocate.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Barauli P.S. Case No. 321 of 2019, registered under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

The accusation is that informant, Neeraj Kumar, was selling the egg in front of his house. At that time, seven persons named in the including the petitioner reached there and started to abuse and Narad Chaudhary gave threatening to kill him. In

Patna High Court CR. MISC. No.1111 of 2021(2) dt.27-08-2021 2/2 the meantime, Vipul Kumar Chaudhary gave iron rod blow causing injury at his left temporal and this petitioner snatched the gold chain from his neck. At that time, Rohit Kumar caused injury to Akash Patel through iron rod and Rahul Kumar snatched cash of Rs.3500/- from the pocket of Akash Patel. Learned counsel for the petitioner submits that while petitioner is named in the FIR but no specific overt act has been attributed against him, in fact, there is specific allegation co-accused, Vipul Kumar Chaudhary to cause injury to the informant through iron rod.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, in connection with Barauli P.S. Case No. 321 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T