Nishu Singh @ Nishu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73792 of 2024 Arising Out of PS. Case No.-138 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Nishu Singh @ Nishu Kumar S/o Late Guddu Singh @ Sanjay Kumar R/o Village- Mukundpur, P.S.- Mahua, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 379, 354, 307, 427, 504, 506/34 of the Indian Penal Code.
3. As per F.I.R., this petitioner along with other accused persons assaulted informant, his sister and brothers causing injuries to them.
4. Learned counsel for the petitioner submits that specific accusation of assault is against other accused persons. Allegation of assault against the petitioner is general and omnibus and no specific overt act is alleged against him. He next submits that petitioner is not own family member rather he is a co-villager. It is further submitted that similarly situated coaccused persons have already been granted anticipatory bail by
Patna High Court CR. MISC. No.73792 of 2024(2) dt.18-01-2025 2/2 this Hon'ble Court vide order dated 29.08.2024 passed in Cr. Misc. No. 51664 of 2024.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P. S. Case No. 138 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T