Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68870 of 2021 Arising Out of PS. Case No.-177 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== Nikhil Kumar, Son Of Krishna Singh Resident Of Village - Bihta, P.S.- Haspura, District - Aurangabad.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh- Sr. Advocate Mr. Pramendra Kumar Singh- Advocate For the Opposite Party/s :

Mr. Atul Chandra- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2022 Heard learned senior counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 323, 332, 353, 379 and 504 of the Indian Penal Code.

The learned senior counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that on information being received about the illegal mining, the informant informed the Mining Officer and accordingly, reached the place of occurrence where a tractor was seized. It is next alleged that while the police force was bringing the tractor laden with sand, they were surrounded by the

Patna High Court CR. MISC. No.68870 of 2021(2) dt.26-07-2022 2/3 villagers including Nikhil Kumar. It is next alleged that on orders of Nikhil Kumar, his brother Navnit Kumar forcefully snatching the tractor after unloading the sand and fled away. The learned senior counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that the tractor does not belong to the petitioner as stated in Para-9 of the anticipatory bail application. It is further submitted that when petitioner has no concern with the tractor why he would indulge in such an act. It is further submitted that from perusal of the F.I.R., it would also manifest that at the place of occurrence, no one was seen, nor no one was apprehended. It is further submitted that the informant, for reason best known, has falsely implicated the petitioner. The learned Additional Public Prosecutor opposes the anticipatory bail application.

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

Patna High Court CR. MISC. No.68870 of 2021(2) dt.26-07-2022 3/3 where the case is pending in connection with Haspura P. S. Case No.177 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C., subject to condition that one of the bailors shall be the father of the petitioner namely, Krishna Singh.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T