Nitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72882 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== 1.
NITESH KUMAR SON OF NAGENDRA SINGH R/O VILLAGECHAMTHA, P.S.- BACHWARA, DISTRICT- BEGUSARAI 2.
RAHUL KUMAR SON OF SACHHIDANAND SINGH @ SACHCHIDANAND SINGH R/O VILLAGE- CHAMTHA, P.S.- BACHWARA, DISTRICT- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP For the Informant :
Pramod Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 149, 341 , 323 , 324, 307, 379 and 504 of the Indian Penal Code.
3. It is alleged that all the FIR named accused persons including these petitioners armed with weapons reached near Gangal Hospital and assaulted one Sanjeev Singh with hockey stick and gave sword blow to him as a result of which he sustained head cut injury on his head and also the accused persons snatched his chain .
Patna High Court CR. MISC. No.72882 of 2023(2) dt.07-11-2023 2/2
4. It is submitted on behalf of the petitioners that specific accusation of assault is against other co-accused person and so far as these petitioners are concerned there is general and omnibus allegation of assault against these petitioners. The present case is counter blast of Bachwara P.S Case No. 207/2023 which was lodged against the informant and others by the petitioner. Petitioners claim clean antecedent.
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 Judicial Magistrate 1st Class, Dasinghsarai, Samastipur in connection with Vidyapatinagar P.S. Case No. 87 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T