Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52511 of 2023 Arising Out of PS. Case No.-277 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Nishant Kumar, Son Of Brij Mohan Singh Resident Of Village- Lanka Kachhuara, Ps- Gaurichak, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Dheeraj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Gaurichak P.S. Case No. 277 of 2022, registered under Sections 147, 148, 149, 341, 323, 504, 353, 332, 333, 338, 307, 354, 427 and 337 of the Indian Penal Code.

3. The prosecution case, in brief, is that informant received information that some anti social elements are breaking the mirror of vehicle of Koli village and one Jitendra Kumar was killed by villagers of Lanka Kachuara and they are going to Koli village with dead body, when they reached at

Patna High Court CR. MISC. No.52511 of 2023(2) dt.19-08-2023 2/3 Koli village, both villagers started abusing and attacked on Police officers due to which Abhishek Kumar Ranjan and Dina Nath Singh, Rajmani Kumar sustained injury.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in this case due to grudge and enmity. He further submitted that petitioner belongs to Lanka Kachuara while carrying the dead body of one villager, who was murdered in Koli village, in the meantime, both villagers got involved in fierce fight and in the same course, the petitioner and other co-accused persons may have assaulted the informant side without any intention.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having heard both the sides and the material available on the record as well as considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Patna City, in connection with Gaurichak P.S. Case No. 277 of 2022, subject to the condition as laid down

Patna High Court CR. MISC. No.52511 of 2023(2) dt.19-08-2023 3/3 under Section 438 (2) of the Cr.P.C.

(Purnendu Singh, J) manish/-minu U T