Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43064 of 2017 Arising Out of PS.Case No. -232 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ====================================================== Nitish Kumar, son of Chhavilal Yadav, Resident of Village- Aaini, Police Station- Simri Bakhtiyarpur (O.P. Balwahat) District- Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 30-11-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Saurbazar P.S. Case No. 232 of 2016 dated 11.06.2016 instituted for the offences under Sections 341, 324, 307/34 of the Indian Penal Code. Later, Sections 393 and 394 of the Indian Penal Code was also added.

The informant was shot at from behind while he was coming back home from his father-in-law's place. The petitioner is not named in the F.I.R. and his complicity in the occurrence transpired only during the course of investigation, initially through the statement of spy and later on his own confession. The petitioner has not been put on test identification parade up till now.

Patna High Court Cr.Misc. No.43064 of 2017 (3) dt.30-11-2017 2/2 The petitioner is in custody since 07.04.2017. In the two cases in which the petitioner has been made accused earlier, he is on bail.

The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saurbazar P.S. Case No. 232 of 2016.

(Ashutosh Kumar, J) Shageer/- U T