Patna High CourtCR. MISC./57918/2023allowed

Nitesh Kumar @ Guddu Kumar v. The State Of Bihar

2023-10-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57918 of 2023 Arising Out of PS. Case No.-221 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== NITESH KUMAR @ GUDDU KUMAR S/O MUKESH KUMAR @ RAKESH @ HARISHANKAR PRASAD R/O VILLAGE- BAKARPUR, PS. RAJAPAKAR, DIST. VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 341, 323, 324, 325, 308, 379, 354, 504 of the IPC and added Sections 326, 149 of the IPC.

3. The allegation against the petitioner along with others is of assaulting the informant and his brother and the specific allegation against this petitioner is that he inflicted knife to the informant's brother due to which his left hand thumb was cut.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.57918 of 2023(3) dt.03-10-2023 2/2 committed no offence. He submitted that there is no allegation of repeated blow. There is a land dispute between the parties. He further submitted that the injury sustained to the informant' brother on his hand, which is not a vital part. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 04.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Rajapakar P.S. Case No. 221 of 2023.

(Sunil Kumar Panwar, J) arish/- U T