Nitish Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48669 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- KHUTAUNA District- Madhubani ====================================================== Nitish Kumar Sah, Son of Shiv Nath Sah @ Shiv Nath @ Shib Nath Sah @ Shiv Nath Haa, Resident of Village Jarauli, P.S. Andhramath, District Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Khutauna P.S. Case No.32 of 2018, registered under Sections 307 and 34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

The FIR is against unknown. The accusation is that some unknown miscreants shot at the informant's brother and one of his staff causing firearm injury.

Learned counsel for the petitioner submits that only on the basis of the statement made by co-accused persons, petitioner's name has transpired, except that there is no material against him, no incriminating substance has been recovered

Patna High Court Cr.Misc. No.48669 of 2018(2) dt.07-08-2018 2/2 from his possession or any arms, even he was not put on TIP having no criminal antecedent, besides this the charge-sheet too has been submitted in the case.

Having considered the aforesaid facts and circumstances, petitioner Nitish Kumar Sah is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No.32 of 2018. (Arun Kumar, J) S.KUMAR/- U T