Rakesh Kumar @ Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47701 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- SHASTRINAGAR District- Patna ====================================================== Rakesh Kumar @ Nitish Kumar Son Of Sanjay Kumar Resident Of Rahamsthali Gali, Shastri Nagar, P.S. - Shastri Nagar, District - Patna ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kahkashan Alam, Adv For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Shashtri Nagar P.S. Case No. 191 of 2024 dated 03.03.2024 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant's brother and when the informant tried to stop them then the accused persons threatened to kill her entire family if she did not withdraw the earlier case. Thereafter, the informant was taking away her brother towards her house then the accused
Patna High Court CR. MISC. No.47701 of 2024(2) dt.25-07-2024 2/3 persons started assaulting them with lathi, danda, iron rod, bricks and stones and the co-accused, Dhiraj Kumar fired from his pistol but somehow they saved their lives.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The specific allegation of firing from a pistol is against the co-accused Dhiraj Kumar. Similarly situated coaccused has already been granted bail by the co-ordinate bench of this court vide order dated 20.06.2024 passed in Cr. Misc. No. 41740 of 2024. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged 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 learned Court
Patna High Court CR. MISC. No.47701 of 2024(2) dt.25-07-2024 3/3 concerned, Patna in connection with Shashtri Nagar P.S. Case No. 191 of 2024.
7. The application stands allowed (Chandra Prakash Singh, J) Jyoti/- U T