Nitish Kumar @ Nitish Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50473 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- MANJHAUL District- Begusarai ====================================================== 1.

Nitish Kumar @ Nitish Tanti Son Of Late Ram Bilash Tanti R/o VillageKamla ward no.14, P.S.- Manjhaul, Distt.- Begusarai 2.

Dilkhush Kumar @ Dilkhus Tanti S/o Late Ram Bilash Tanti R/o VillageKamla ward no.14, P.S.- Manjhaul, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No 1 For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner no. 1 assaulted on the head of son of the informant with iron rod, due to which he fell down and became unconscious, whereas petitioner no. 2 is alleged to have dragged another son of informant by wrapping Gamachha in his neck.

4. Learned counsel for the petitioners submits that due to land dispute between the parties, a simple occurrence of Maarpeet took place. Both parties are Gotiya. Petitioners claim clean antecedent.

Patna High Court CR. MISC. No.50473 of 2024(2) dt.20-08-2024 2/2

5. However, learned A.P.P. for the State vehemently opposes the prayer for bail and submits that the injury caused by petitioner no. 1 to son of informant has been found to be grievous in nature.

6. Considering the nature of injury, the prayer for anticipatory bail of petitioner no. 1 (Nitish Tanti) is rejected.

7. So far as prayer for anticipatory bail of petitioner no. 2 is concerned, since there is no allegation of overt act against him, in the event of arrest/surrender within a period of six weeks from today, he i.e. petitioner no. 2 namely Dilkhush Kumar @ Dilkhus Tanti is directed to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Manjhaul P.S. Case No. 06 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay U T