Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39841 of 2020 Arising Out of PS. Case No.-266 Year-2019 Thana- GURUA District- Gaya ====================================================== Nitish Kumar Son Of Rajesh Kumar @ Rajesh Kumar Akela Resident Of Village - Dubba, P.S. - Gurua, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147/148/149/302/504 and 506 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is of assaulting the husband of the informant over the arm and head by knife during treatment he died. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties and both are agnates. The petitioner is in jail custody since 26.12.2019. The petitioner has no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail

Patna High Court CR. MISC. No.39841 of 2020(3) dt.18-03-2021 2/2 petition and submits that the postmortem report has supported the prosecution case.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Gurua P.S. Case No. 266/2019 from the Court of learned S.D.J.M., Sherghati (Gaya).

Accordingly, this application is dismissed.

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