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Patna High CourtCR. MISC./80115/2019rejected

Nitesh Kumar v. The State Of Bihar

2021-02-19Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80115 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- DHANARUA District- Patna ====================================================== Nitesh Kumar Son of Lok Narayan Singh @ Pappu @ Puppu Singh, Resident of Village Damarichak, P.S.- Dhanarua, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Prasad For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. In this case, the petitioner is seeking anticipatory bail in connection with Dhanarua P.S. Case No. 114 of 2019 registered for offence punishable under sections 147, 148, 149, 323, 324, 325, 307 and 452 of the Indian Penal Code. In the present case, allegation has been made to have caused injury by sword. Paragraph 44 and 45 of the case diary reflects the injury received by the victim.

Learned counsel for the petitioner submits that one of the accused, namely, Lok Narayan Singh has been granted bail by this Court in Cr. Misc. No. 53247 of 2019 on 23.09.2019 but learned counsel for the informant submits that allegation made against that person is using lathi against the victim whereas in

Patna High Court CR. MISC. No.80115 of 2019(6) dt.19-02-2021 2/2 the present case allegation has been made of using sword causing injury to the victim.

In such view of the matter, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below within three weeks from today, the court below without being prejudiced by this order will take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T