Nitya Nand Singh @ Nityanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46879 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- GARKHA District- Saran ====================================================== 1.

Nitya Nand Singh @ Nityanand Kumar Son Of Vibhuti Singh Resident Of Village - Sargatti, P.S.- Garkha, District - Saran. 2.

Vikash Kumar Son Of Girija Rai @ Girjapati Singh Resident Of Village - Sargatti, P.S.- Garkha, District - Saran.

3.

Pawan Kumar Son Of Chandraket Rai Resident Of Village - Sargatti, P.S.- Garkha, District - Saran.

4.

Monu Kumar @ Monu Kumar Son Of Baban Rai Resident Of Village - Sargatti, P.S.- Garkha, District - Saran.

5.

Vijay Rai Son Of Late Ram Ayodhyaa Rai Resident Of Village - Sargatti, P.S.- Garkha, District - Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gaurav Kumar, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP For the Informant :

Mr. Shambhu Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for bail of petitioner no.5. Permission is accorded.

Accordingly, the prayer for bail of petitioner no.5 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos.1 to 4, learned counsel for the Informant and learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 379, 448, 380, 307 and 504 of the Indian Penal Code and

Patna High Court CR. MISC. No.46879 of 2022(2) dt.15-12-2022 2/2 Section 27 of the Arms Act.

Allegedly, it is a case of assault upon the informant, due to which, he sustained injury.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that specific allegation of assault is against petitioner no.1 but the injury report is found to be simple in nature as opined by the doctor and there is general and omnibus allegation against these petitioners. Petitioners have clean antecedent. Considering the aforesaid submissions, let the petitioners, namely, Nitya Nand Singh, Vikash Kumar, Pawan Kumar and Monu Kumar @ Monu Kumar, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Vivek Kumar Upadhya, Judicial Magistrate, Saran at Chapra in connection with Garkha Police Station Case No.122 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T