Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76951 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- LACHHUAR District- Jamui ====================================================== Nitish Kumar S/O Shivbalak Yadav R/O Village- Mathurapur, P.S- Lachhuar, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Prakash For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in connection with Lachhuar P.S. Case No. 15 of 2023 registered for the offences punishable under Sections 147,148,149, 341, 323, 325, 307, 504, 506 ,354 of the Indian Penal Code and section 27 of the Arms Act.

4. As per the prosecution case, all the accused persons came with firearm assaulted and abused the informant's family. The allegation against the petitioner is that of firing upon the husband of the informant which hit in his right hand causing firearms injury.

Patna High Court CR. MISC. No.76951 of 2023(2) dt.02-01-2024 2/2

5. Learned cousnel for the petitioners has submitted that the petitioner is innocent and has falsely been implicated in this case. There is allegation against the petitioner that he made firing with an intent to kill Rajesh Kumar but the injury report shows that he sustained lacerated wound on left wrist and allegation is of causing injury is on right hand. The prosecution party have also sustained several injuries. There is case and counter case between the parties. The petitioner has one criminal antecedent.

6. Learned A.P.P for the State has opposed the prayer for anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, be released on anticipatory bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate, 1st class Jamui in Lachhuar P.S. Case No. 15 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.

Chandra Prakash Singh, J) U T