Patna High CourtCR. MISC./80172/2024bail rejected

Nitish Kumar v. The State Of Bihar

2024-11-20Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80172 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== 1.

Nitish Kumar son of Kameshwar Kewat Resident of village- Marsua p.s. -Tehta Makdumpur District -jehanabad 2.

Shyam Kumar son of Kameshwar Kewat Resident of village- Marsua p.s. -Tehta Makdumpur District -jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-11-2024 Heard the parties.

2. The petitioners are in judicial custody in connection with Giriyak Pawapuri P.S. Case No. 241 of 2023 for the offence punishable under Section 394 of the Indian Penal Code lodged on 10.05.2023 by the informant, Sonu Kumar.

3. As per the prosecution story, the informant alleged that while he was returning from Fattehpur after performing programme, as his motorcycle reached, the accused persons on the point pistol, snatched gold locket as also Rs. 6000/- from his pocket. As he raised alarm, the accused opened fire causing injury on his nose and became unconscious. He found himself in Pawapuri hospital where treatment is going on.

Patna High Court CR. MISC. No.80172 of 2024(2) dt.20-11-2024 2/2

4. Learned counsel for the petitioners submit that only because of criminal antecedent, they have been implicated.

4. Learned APP on the other hand has pointed out that not only they have criminal antecedent, during investigation, their role have come up which found incorporated in the order of learned Sessions Judge.

5. The allegations are there, both the petitioners have criminal antecedent, the innocent informant was returning after performing singing programme, was intercepted and the accused committed robbery, the allegation is also of opening firing also causing injury to him.

6. In that background, this Court does not deem it fit and proper to enlarge the petitioner on bail. Accordingly, the bail petition stands rejected.

(Rajiv Roy, J) Ravi/- U T