Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16819 of 2015 Arising Out of PS.Case No. -61 Year- 2013 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ====================================================== Nitish Kumar S/o Naresh Gope, Resident of Mohalla - Arwal Bigha, P.S. - Tharthari, District - Nalanda (Biharsharif).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjayu Kumar Singh For the Opposite Party/s : Mr. Choubey Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Tharthari P.S. Case No. 61 of 2013 registered for offences under sections 147, 148, 149, 302 and 307 of the Indian Penal Code.

As per the allegation, the petitioner and other accused persons were found in unlawful assembly and one of the members of the accused persons, namely, Chandan Kumar son of Naresh Gope fired upon the son of the informant whereupon he received the bullet injury and died. The other accused persons including the petitioner fired but the bullet did not hit the informant. The counsel for the petitioner submits that there is no

Patna High Court Cr.Misc. No.16819 of 2015 (2) dt.15-06-2015 2/2 specific allegation against the petitioner and so much so, he is in jail more than 1 1⁄2 years.

In the first information report, there is a specific allegation against the petitioner and other accused persons to have fired from the gun.

At this stage, this Court is not inclined to grant bail to the petitioner. Accordingly, this petition is rejected. (Shivaji Pandey, J) Mahesh/- U T