Patna High CourtCR. MISC./68396/2024bail granted

Nitish Kumar v. The State Of Bihar

2024-10-05Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68396 of 2024 Arising Out of PS. Case No.-571 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Nitish Kumar Son of Sri Ashok Prasad R/O-Village- Lai, P.S.- Mohanpur, Distt.- Gaya ... ... Petitioner/s

Versus

The State of Bihar 2.

Munir Manjhi Son of Kesho Manjhi R/O-Village- Lai, P.S.- Mohanpur, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Ms. Usha Kumari 1,PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024 Heard learned counsel appearing on behalf of the petitioner and learned Special PP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barachatti (Mohanpur) P.S. Case No. 571 of 2023 dated 15.06.2023 registered for the offences punishable under Sections 341, 323, 504, 506 and 354A of the Indian Penal Code and under Sections 3(i)(r)(s) of the S.C./S.T. Act and subsequently added under Sections 8 and 12 of the POCSO Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and is in custody since 18.03.2024.

4. Learned counsel for the petitioner submits that the petitioner had earlier moved this Court seeking anticipatory bail by filing Cr. Appeal No. 4956 of 2023 and the same was permitted to be withdrawn by an order dated 22.02.2024,

Patna High Court CR. MISC. No.68396 of 2024(3) dt.05-10-2024 2/2 thereafter petitioner again approached this Court seeking regular bail by filing Cr. Misc. No. 40865 of 2024 and the same was permitted to be withdrawn with liberty to renew his prayer after framing of charge. Learned counsel further submitted that charges against the petitioner have been framed on 17.08.2024. It is further submitted that the petitioner will not abscond rather will co-operate in the trial to prove his innocence.

6. Learned Special PP for the State vehemently opposes the prayer for regular bail of the petitioner.

7. Considering the submission made by the learned counsel appearing on behalf of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Barachatti (Mohanpur) P.S. Case No. 571 of 2023.

8. Accordingly, the instant regular bail application is allowed.

(Satyavrat Verma, J) annpurna/- U T