Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68345 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- SILAO District- Nalanda ====================================================== 1.

Nitish Kumar, Aged about 28 years, Male, S/o Bhim Singh, R/o villageKariyanna, P.S.- Silao, District- Nalanda 2.

Jyotish Kumar, Aged about 26 years, Male, S/o Bhim Singh, R/o villageKariyanna, P.S.- Silao, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Bihari Tiwary For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2019 Heard both sides.

The petitioners apprehend their arrest in Silao P.S. Case No.151 of 2019, registered under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

The informant alleged that while he was coming after grazing his she-buffalo, both the petitioners asked him not to pass through the lane. When the informant disclosed that the lane is common, on such, Nitish Kumar, petitioner no.1, is alleged to have fired causing injury on the leg of the informant. The petitioner no.2, Jyotish Kumar also fired, which hit on the side of chest of Prince Kumar, the cousin of the informant. Thereafter Bhim Singh, the father of the petitioners is alleged to

Patna High Court CR. MISC. No.68345 of 2019(2) dt.11-12-2019 2/2 have fired but the firing did not hit anybody. Learned counsel for the petitioners submits that from perusal of the injury report of Prince Kumar, it would appear that Prince Kumar got one simple injury caused by hard and blunt object on the side of his chest. The informant got one wound of entry on left lower limb. On X-ray, fracture of upper end of Tibia and Fibula was found and the injuries opined to be grievous in nature.

Taking into consideration that both the petitioners are alleged to have fired causing firearm injuries to the informant and his cousin, Prince Kumar, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T