Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52674 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- LACHHUAR District- Jamui ====================================================== Nitish Kumar S/o Jaldhar Mahto R/o vill - Hariharpur, P.s- Lachhuar, Dist. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-08-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Lachhuar P.S. Case No. 55/ 2024 dated 10.04.2024 registered for the offence(s) punishable under Section(s) 341, 323, 354, 354(A), 504 and 506 of the Indian Penal Code.

3. Mr. Vipin Kumar, learned counsel for the petitioner submits that petitioner has been falsely dragged in this case. It is further submitted that two independent persons, namely, Manoj Mahto and Krishna Yadav have stated before the I.O. that the informant suffered some loss in vegetable farming as the petitioner crushed her sown farm through his tractor and she wants compensation. It is also submitted that petitioner has not received any notice under section 41(1) of Cr.P.C. and he has got fair and clean antecedent.

4. Mr. Prem Kumar Jha, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Having considered the submissions noted above and mainly the petitioner's plea that during investigation two

Patna High Court CR. MISC. No.52674 of 2024(2) dt.28-08-2024 2/2 independent persons, namely, Manoj Mahto and Krishna Yadav have stated before the I.O. that on account of some loss having occurred to the vegetable farming of the informant on account of crushing of the sown farm by the petitioner's tractor, a dispute arose in between the petitioner and the informant owing to the compensation demand and in this regard, attention of this court has been drawn to the paragraph 6 of the impugned order and further petitioner is said to be 22 years old having fair and clean antecedent, in my opinion, it is a fit case for grant of anticipatory bail to the petitioner.

Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Lachhuar P.S. Case No. 55/ 2024 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.