Patna High CourtCR. MISC./60311/2019bail granted

Nitish Kumar v. The State Of Bihar

2019-09-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60311 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- NTPC District- Patna ====================================================== NITISH KUMAR Son of Ramchandra Yadav Resident of Village-Sahnaura, P.S.-N.T.P.C., District-Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rudal Singh, Advocate.

For the Opposite Party:

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 504, 307, 34 of the Indian Penal Code registered in connection with N.T.P.C. P.S. Case No. 47 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and the parties are gotiya. The petitioner is said to have assaulted the informant with iron rod but in any event the injuries are simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named

Patna High Court CR. MISC. No.60311 of 2019(2) dt.25-09-2019 2/2 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri P.K. Tiwari, learned Judicial Magistrate Ist Class, Barh, Dist- Patna in connection with N.T.P.C. P.S. Case No. 47 of 2019, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T