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Patna High CourtCR. MISC./669/2022bail granted

Nitish Kumar v. The State Of Bihar

2022-08-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.669 of 2022 Arising Out of PS. Case No.-256 Year-2020 Thana- MANSI District- Khagaria ====================================================== NITISH KUMAR Son of Raj Kumar Singh Resident of Village - Amani , Ward no.5, P.S.- Mansi, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Madhubala Verma, Advocate :

Mr.Bhim Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 353, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act and Section 3⁄4 of the Prevention of Damage to Public Property Act.

The informant alleges that on 11.09.2020 he got information on mobile that firing is going on at village Amni between Mukesh Singh and Ram Shekhar Kumar due to land dispute accordingly the informant with police force went to the place of occurrence where the mob damaged the government vehicle. It is fruther alleged that Mukhiya and local

Patna High Court CR. MISC. No.669 of 2022(2) dt.04-08-2022 2/3 representatvie save some police officers and the accused are named on the basis of video photography and on the basis of information through chowkidar and viral video. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, the allegations are general and omnibus in nature, no specific overt act has been alleged against him and the similarly situated co-accused including Ram Shekhar Kumar, Prem Kumar and Brajesh Kumar have been granted anticipatory bail vide order dated 05.01.2022 in Cr. Misc. No. 23386 of 2021.

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

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mansi P.S. Case No. 256 of 2020 subject to the conditions as laid down under

Patna High Court CR. MISC. No.669 of 2022(2) dt.04-08-2022 3/3 Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T