Nitish Kumar @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62641 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== Nitish Kumar @ Anil Kumar Son Of Sri Dinanath Prasad, Resident Of Village- Daulatpur, P.S.- Ghoshi (Okari), District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 573 of 2022 arising out of Ghoshi P.S. Case No. 118 of 2022 lodged under Sections 341, 323, 324, 325, 307, 354, 379, 504 and 506/34 of the I.P.C.

As per prosecution, the specific allegation against the present petitioner that he has attacked on son of the informant by farsa, due to which head injury caused and son the informant become unconscious.

Learned counsel for the petitioner submits that petitioner has specifically and categorically mentioned on

Patna High Court CR. MISC. No.62641 of 2022(2) dt.25-02-2023 2/3 affidavit that after injury, the informant visited for treatment to the Sadar Hospital, Jehanabad from where Doctor has found one lacerated wound 3"x2"x skin deep scalp and nature of injury was simple. He also submits that doctor of Primary Health Center also treated for the injury and given his opinion that injury is danger to life but in both report one thing is common that the injury of Sadar Hospital was found as lacerated wound and the injury of Primary Health Center was found in the nature of hard and blunt substance, whereas in the F.I.R. the farsa was at the hand of the Nitish. Counsel further submits that after observing the allegation made in the F.I.R. and the injuries in medical report there is sharp contradiction in the ocular and medical evidence. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 16.05.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Jehanabad in connection with Sessions Trial No. 573 of 2022, arising out

Patna High Court CR. MISC. No.62641 of 2022(2) dt.25-02-2023 3/3 of Ghoshi P.S. Case No. 118 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U