Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66481 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Nitish Kumar S/o Shikari Bind R/o Village- Risaudh, P.S.- Belaganj, DistrictGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-01-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Belaganj P.S. Case No. 52 of 2024, registered for the offences punishable under Sections 147, 149, 323, 307, 379, 504, 506 of the Indian Penal Code.
3. Allegedly, while the informant was giving fodder to her cattle, in the meantime, the petitioner along with co-accused, Shiwani Kumari, riding on a motorcycle, dashed her due to which she fell down on earth. On protest being made, the petitioner along with others, assaulted her by means of fist and slaps. It is further alleged that this petitioner along with coaccused, have also assaulted the informant's son by means of iron rod, due to which he sustained serious injury. There is
Patna High Court CR. MISC. No.66481 of 2024(3) dt.18-01-2025 2/3 further allegation against other accused persons of snatching of valuables and assaulting others.
4. Learned Advocate appearing on behalf of the petitioner contended that, in fact, on the fateful day, on account of an accident, commotion has been made between the parties resulting into lodging of the FIR. So far the injury sustained to the injured are concerned, found to be simple in nature. Both the parties are co-villagers and only on a trifle, the present FIR has been filed. The petitioner bears fair antecedent and he undertakes before this Court that he shall abide by the terms and conditions of this Court; and co-operate in the proceeding.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that specific allegation has been levelled against the petitioner of assaulting the informant and her son.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation of causing assault, coupled with the simple injuries and the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon
Patna High Court CR. MISC. No.66481 of 2024(3) dt.18-01-2025 3/3 furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Belaganj P.S. Case No. 52 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Harshita/- U T