Patna High CourtCR. MISC./53049/2024bail granted

Nitish Kumar @ Nitish Chauhan v. The State Of Bihar

2024-09-06Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53049 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Nitish Kumar @ Nitish Chauhan Son of Upendra Chauhan R/V-Village Ganpat Nagar, PS- Neemchak Bathani, District -Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65281 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Raghu Chauhan son of Late Sukar Chauhan Village- Ganpat Nagar PsNimchak Bathani Dist- Gaya ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53049 of 2024) For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Adv.

Mr. Rakesh Kumar Sharma, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP For the Informant :

Mr. Dhananjay Kumar Gupta, Adv.

Mr. Rananjay Kumar, Adv.

(In CRIMINAL MISCELLANEOUS No. 65281 of 2024) For the Petitioner/s :

Mr.Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-09-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners are seeking regular bail in connection with Neemchak Bathani P.S. Case No. 192 of 2023, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 379, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation, the petitioners along with other accused persons came at the house of the informant and started abusing and assaulting her by means of lathi, danda, rifle and pistol, due to which he sustained injuries.

4. The learned counsel for the petitioners has

Patna High Court CR. MISC. No.53049 of 2024(2) dt.06-09-2024 2/2 submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from possession of the petitioners. The allegation against them is general and omnibus. There is land dispute between the parties. The petitioner Nitish Kumar is under custody since 14.12.2023 and the petitioner Raghu Chauhan is under custody since 02.11.2023.

5. On the other hand, the learned APP for State as well as the learned counsel for the informant has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Gaya in connection with Neemchak Bathani P.S. Case No. 192 of 2023, subject to the following condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T