Nitish Kumar @ Kumar Gaurav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51552 of 2024 Arising Out of PS. Case No.-509 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1.
Nitish Kumar @ Kumar Gaurav Son of Pannalal Prasad Resident of VillGheewadhar, P.S.- Harsidhi, District- East Champaran. 2.
Arjun Kumar Son of Anil Sah Resident of Vill- Gheewadhar, P.S.- Harsidhi, District- East Champaran.
3.
Subodh Sah @ Subodh Kumar Son of Kapil Sah Resident of VillGheewadhar, P.S.- Harsidhi, District- East Champaran. 4.
Kapil Sah Son of Mangal Sah Resident of Vill- Gheewadhar, P.S.- Harsidhi, District- East Champaran.
5.
Akhilesh Kumar Son of Kapil Sah Resident of Vill- Gheewadhar, P.S.- Harsidhi, District- East Champaran.
6.
Chhathu Sah @ Chhathu Kumar Son of Natai Sah Resident of VillGheewadhar, P.S.- Harsidhi, District- East Champaran. 7.
Lal Babu Sah Son of Natai Sah Resident of Vill- Gheewadhar, P.S.- Harsidhi, District- East Champaran.
8.
Dinesh Sah @ Dinesh Kumar Son of Binda Sah Resident of VillGheewadhar, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2025 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in connection with Harsidhi P.S. Case No. 509 of 2023 registered for offences under Sections 147, 148, 149, 323, 324, 325, 307, 354, 379, 427, 504 of the Indian Penal Code.
3. As per the prosecution case, the allegation against
Patna High Court CR. MISC. No.51552 of 2024(4) dt.29-01-2025 2/3 petitioner no. 1 is that he has assaulted one Rajeshwar Prasad who has sustained multiple injuries. The allegation against petitioners no. 5 and 6 are said to have assaulted Prabhat Kumar who has also sustained injuries.
4. Learned counsel for the petitioners further submits that there is general and omnibus allegation against the petitioners no. 2, 3, 4, 7 and 8.
5. Learned APP for the State has vehemently opposed the prayer for bail.
6. Considering the allegation levelled against the petitioners no. 1, 5 and 6, the anticipatory bail application of petitioners no. 1, 5 and 6 are rejected.
7. So far as petitioners no. 2, 3, 4, 7 and 8 are concerned, there is general and omnibus allegation against them.
8. Considering the general and omnibus allegation against petitioners no. 2, 3, 4, 7 and 8, this application for anticipatory bail is allowed with regard to petitioners no. 2, 3, 4, 7 and 8.
9. Accordingly, let the petitioners no. 2, 3, 4, 7 and 8 namely Arjun Kumar, Subodh Sah @ Subodh Kumar, Kapil Sah, Lal Babu Sah and Dinesh Sah @ Dinesh Kumar, in the event of their arrest or surrender within four weeks from today
Patna High Court CR. MISC. No.51552 of 2024(4) dt.29-01-2025 3/3 in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/ concerned court below in connection with Harsidhi P.S. Case No. 509 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
10. This application for anticipatory bail is partly allowed.
(Sandeep Kumar, J) Ranjeet/- U T