Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83407 of 2024 Arising Out of PS. Case No.-747 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Nitish Kumar S/o- Janak Ray @ Janak Rai Village- Sahpur Undi PS-Patori Distt- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar , Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab , APP For the informant :
Mr. Piyush Kumar pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and the State .
2. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 341 , 323 , 324, 326, 307, 379 and 34 of the Indian Penal Code . 3 . As per the prosecution case on the alleged date and time of occurrence , all the F.I.R., named accused persons assaulted the son of son of informant with knife due to which he sustained injury on his neck and abdomen .
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . Specific accusation of assault is against co-accused Aman Kumar and Harishankar Rai . There is no allegation of assault against petitioner and he is only alleged to be order giver and
Patna High Court CR. MISC. No.83407 of 2024(2) dt.24-01-2025 2/2 also alleged to have snatched mobile . Petitioner is in custody since 16.08.2024 . Chargesheet has already been submitted. 5 . Learned counsel for the informant opposed the prayer for bail.
6. Considering the aforesaid facts, period of custody and other circumstances of the case , prayer for bail of the petitioner is allowed.
7. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Samastipur in connection with Patori Police Station Case No. 747 of 2023 . (Prabhat Kumar Singh, J) Koushik/- U T