Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73963 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Nitish Kumar Son Of Subash Prasad Resident Of Village - Purani Bazar, Manjhagarh, P.S. - Manjhagarh, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Manjhagarh P.S. Case No. 41 of 2023 dated 13.02.2023 registered for the offence/s punishable u/ss 341, 307, 354 and 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, two unknown miscreants boarded on motorcycle are alleged to have came and one of the miscreants inflicted blows of knife on the informant's neck causing cut injury and they fled away. The informant suspected that earlier some altercation had taken place with the petitioner and the other co-

Patna High Court CR. MISC. No.73963 of 2023(2) dt.05-12-2023 2/2 accused person due to that they committed this crime.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The name of the petitioner has sprung up only on mere suspicion. As per the injury report, the injury no. 1 is stated to be simple in nature and about injury no. 2, the opinion has been kept reserved. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Manjhagarh P.S. Case No. 41 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T