Nitish Kumar @ Nitish Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58890 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- KASHICHAK District- Nawada ====================================================== Nitish Kumar @ Nitish Kumar Paswan S/O Rambilash Paswan R/O VillageParwati, Ps. Kashichak, Dist. Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 448, 307, 504, 506/ 34 of the Indian Penal Code.

As per prosecution case, several accused accused persons including the petitioner entered into the house of informant and assaulted by brick on his head due to which he sustained injury and fell down on the earth. It is further alleged that the accused persons also assaulted by brick to sister of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. He has

Patna High Court CR. MISC. No.58890 of 2023(2) dt.01-09-2023 2/2 falsely been implicated in the present case. There is case and counter case between the parties and both parties sustained injuries as alleged in separate occurrence. As per injury report annexed as Annexure-4 to the petition, the informant and his sister received injury is simple in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 17.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kashichak (O.P. Sahpur) P.S. Case No. 144 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Magistrate-VI, Nawada.

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