Patna High CourtCR. MISC./64802/2019dismissed

Nitish Patel @ Nitish Kumar Patel @ Neta v. The State Of Bihar

2019-10-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64802 of 2019 Arising Out of PS. Case No.-491 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== NITISH PATEL @ NITISH KUMAR PATEL @ NETA Son of Ram Awadh Singh @ Lotaran Patel Resident of Village - Sigthi, P.S.- Bhabua, DistrictKaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Bhabua P.S.Case No.491/19 registered for offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 379 and 506 of the Indian Penal Code.

As per FIR, there is allegation against the petitioner and other accused persons of severely assaulting the informant and throwing his body near the chamber.

Submission of the learned counsel for the petitioner is that the allegations are general and omnibus and as a matter of fact the informant met with an accident and the petitioner and other accused persons have been falsely implicated in this case. Heard learned A.P.P. who has opposed the prayer for bail

Patna High Court CR. MISC. No.64802 of 2019(2) dt.16-10-2019 2/2 on the ground that the petitioner has criminal antecedent also and apart from that the impugned order shows that the informant carries injuries also including fracture injury. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T