Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73701 of 2023 Arising Out of PS. Case No.-184 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== 1.

Nitish Kumar, Son Of Lakhan Yadav, R/O Village- Garhi, P.S.- Nardiganj, District- Nawada 2.

Tarachan @ Tejashwi Kumar @ Tarachand, Son Of Sadhu Yadav @ Anit Kumar, R/O Village- Garhi, P.S.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Nardiganj P.S. Case No. 184 of 2023 registered for the offences punishable under Sections 323, 341, 324, 379, 307, 504 and 34 of the Indian Penal Code.

3. Allegation against the petitioners is that they have assaulted the informant and took Rs. 85,000/- from the cash counter of his shop.

4. Learned counsel for the petitioners submits that petitioners are the resident of same locality. It is further submitted that due to dispute with regard to exchange of

Patna High Court CR. MISC. No.73701 of 2023(2) dt.01-12-2023 2/2 condenser purchased from the informant's shop altercation took place between the parties in which both the parties sustained injuries. There is case and counter case between the parties. Petitioners have no criminal antecedent and the injury caused to the informant is not grievous.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Nardiganj P.S. Case No. 184 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T