Nitesh Kumar Sinha @ Chhotu @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55899 of 2015 Arising Out of PS.Case No. -273 Year- 2015 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Nitesh Kumar Sinha @ Chhotu @ Chhotu Kumar son of Ashok Kumar Sinha, R/o Mohalla- Sonvarsha, P.S.- Muffasil, District- Samastipur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Bisheshwar Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-12-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 332, 333, 307, 353 and 504/34 of the Indian Penal Code. The prosecution case is that the informant being the Constable of Tiger Mobile received information on 11.09.2015 at 10.00 P.M. that miscreants have collected to commit some offence when the informant reached on the spot and chased then this petitioner made assault with iron rod on the head of the informant as a result he became unconscious. It is submitted by learned counsel for the petitioner that the occurrence is of 12.09.2015 at 1.00 A.M.
Patna High Court Cr.Misc. No.55899 of 2015 (2) dt.09-12-2015 2/2 when the injury report reflects 11.09.2015 at 1.30 P.M. which is found to be lacerated marginal size injury simple in nature. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the above inconsistency, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur (Town) P.S. Case No. 273 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T