Nitesh Kumar @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58697 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Nitesh Kumar @ Nitish Kumar S/o- Paras Rao@Paras Prasad Resident of Village- Bahora Bigha, P.S. Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148,149, 341, 323, 337, 307, 504, 506 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of one case. It is next submitted that from the side of the petitioner Md. Umair had instituted Muffasil P.S. Case No.43/2024 against the informant and his side, this infuriated the informant to falsely implicate the petitioner in the instant case when allegation of firing is against Vishnu Pandey. It is next submitted that no doubt the informant received gunshot injury and firing was also done and seven

Patna High Court CR. MISC. No.58697 of 2024(2) dt.26-09-2024 2/3 cartridges were recovered from the place of occurrence but then the petitioner is not alleged to have fired or caused firearm injury.

4.

Learned counsel for the petitioner submits that 14 named and 14 unknown persons have been made accused in the instant FIR with general and omnibus allegation and police after investigation with respect to some of the accused has come to a conclusion that they were not present at the place of occurrence and investigation with respect to the petitioner is still continuing. It is also submitted that similarly situated coaccused Md. Shamsad had approached this Court by filing Cr. Misc No. 35714 of 2024 and the same was allowed by an order dated 25-6-2024 with certain condition.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.58697 of 2024(2) dt.26-09-2024 3/3 the case is pending/successor court in connection with Muffasil P.S. Case No.51/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

It is made clear that in the event if charge sheet is submitted connecting the petitioner with the offence, in that event, the present anticipatory bail order shall lose its effect. (Satyavrat Verma, J) SUMIT/- U T