Patna High CourtCR. MISC./53686/2022bail granted

Nitish Kumar v. The State Of Bihar

2022-12-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53686 of 2022 Arising Out of PS. Case No.-25 Year-2020 Thana- MEHUSH District- Sheikhpura ====================================================== Nitish Kumar Son Of Taxi Yadav @ Maheshwar Yadav Resident Of Village Mafo, P.S.- Mehus, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 341, 323, 307, 384, 379, 504 of the Indian Penal Code.

Prosecution case, in short, is that the accused persons including the petitioner armed with weapons came at the house of the informant and started abusing and fired indiscriminately and they also threw bricks and stones. Thereafter the accused persons fled away carrying articles of boring worth Rs.75,000/- from the boring site.

Patna High Court CR. MISC. No.53686 of 2022(2) dt.21-12-2022 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.05.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No injury is said to have been caused by the petitioner. Hence no offence under Section 307 I.P.C. is attracted in this case. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheikhpura in connection with Mehus P.S. case No.25 of 2020. (Sudhir Singh, J) Narendra/- U T