Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79346 of 2023 Arising Out of PS. Case No.-286 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== 1.
Nitish Kumar Son Of Rajbalam Yadav @ Ballam Yadav Residents Of Village - Chiraila, P.S. - Belaganj, District - Gaya 2.
Deepu Kumar Son Of Jagbindra Yadav @ Jagwindra Ya Residents Of Village - Chiraila, P.S. - Belaganj, District - Gaya 3.
Naveen Kumar Son Of Jagbindra Yadav @ Jagwindra Yadav Residents Of Village - Chiraila, P.S. - Belaganj, District - Gaya 4.
Rupesh Kumar Son Of Sri Nandlal Yadav @ Nandlal Yadav Residents Of Village - Chiraila, P.S. - Belaganj, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Durgesh Nandan For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 504, 379, 308, 34 of the Indian Penal Code.
3. The allegation against the petitioners is that while the informant's son was sitting on the bridge for the purpose of attending Barat, co-accused, Rohit Kumar came near his son and started abusing him. When the informant's son raised objection then petitioners along with other co-accused persons assaulted his son and his nephew by means of lathi, danda and rod due to which they sustained head injury.
Patna High Court CR. MISC. No.79346 of 2023(2) dt.13-12-2023 2/2
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that three persons received injuries and all the injuries were found simple in nature. Petitioner no.1 has no criminal antecedent and petitioners no. 2, 3, and 4 have one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the nature of the injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Belaganj P.S. Case No.286 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T