Nitish Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70084 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- KARJAIN District- Supaul ====================================================== 1.

Nitish Kumar Sharma Son Of Ramdeo Sharma Hariraha, Ward No. 11, P.S.- Karjain, Distt.- Supaul 2.

Rudal Yadav Son Of Late Bechan Yadav Hariraha, Ward No. 11, P.S.- Karjain, Distt.- Supaul 3.

Hareram Kumar @ Hareram Kumar Yadav Son Of Rudal Yadav Hariraha, Ward No. 11, P.S.- Karjain, Distt.- Supaul 4.

Dinesh Yadav @ Dinesh Kumar Yadav Son Of Buchhi Yadav @ Vishwanath Yadav Hariraha, Ward No. 11, P.S.- Karjain, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Jha For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2023 At the outset, learned counsel for petitioners seeks permission to withdraw the anticipatory bail application with respect to Nitish Kumar Sharma petitioner no. 1 as during pendency of this case, petitioner no. 1 has already been arrested. Permission is accorded. The anticipatory bail petition with respect to Nitish Kumar Sharma petitioner no. 1 is dismissed as withdrawn having become infructuous. Heard learned counsel for the petitioner nos. 2, 3 and 4 and the State.

The petitioners apprehend their arrest in a case

Patna High Court CR. MISC. No.70084 of 2022(2) dt.04-04-2023 2/3 registered for the offences punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. The present FIR was lodged on the basis of statement of informant (police official). As per the FIR, when the raiding party went at the house of Pranesh Kumar @ Amlendu to nab him, all the accused persons named in the FIR caused hindrance in discharge of their official duty and attempted to snatch the their rifles. It is further alleged that co-accused Aman Kumar assaulted the informant by lathi causing injury on his back. It is submitted that there is general and omnibus allegation. Similarly situated co-accused have been granted bail by this Court vide order dated 06.02.2023 passed in Cr. Misc. No. 59893 of 2022.

Considering the facts aforesaid, the petitioner nos. 2, 3 and 4 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Birpur, Supaul in connection with Karjain P.S. Case No. 42 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.70084 of 2022(2) dt.04-04-2023 3/3 Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T