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Patna High CourtCR. MISC./78949/2023allowed

Nitish Kumar @ Nitish Sahni v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78949 of 2023 Arising Out of PS. Case No.-274 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Nitish Kumar @ Nitish Sahni Son Of Bashisth Sahni Resident Of VillageKhanghapur, Ps- Cheria Bariyarpur, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 385, 387, 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

It is a case of assaulting to the brother of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.78949 of 2023(2) dt.14-12-2023 2/2 been implicated in this case. The petitioner was not apprehended from the spot. There is no eye witness to the occurrence. The petitioner is languishing in custody since 18.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheria Bariyarpur P.S. Case No. 274 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T