Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84049 of 2024 Arising Out of PS. Case No.-360 Year-2024 Thana- SHEKHPURA District- Sheikhpura ====================================================== Nitish Kumar Son of Manoj Singh Resident of Village- Post Office- Pain, P.S.- Shikhpura, Distt.- Sheikhpura, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State
2. The petitioner apprehends his arrest in Sheikhpura P.S. Case No. 360 of 2024 registered for the offences punishable under Sections 126 (2), 115 (2), 109, 352 & 3 (5) of the B.N.S. pending in the Court of learned C.J.M., Sheikhpura.
3. Petitioner in association of other co-accused is said to have assaulted the informant and his family members due to which the brother of the informant sustained grievous injury.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is a student and only with a view to harass and
Patna High Court CR. MISC. No.84049 of 2024(2) dt.16-12-2024 2/2 disturb the personal life of the petitioner, he has been named in this case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the injury the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of case and the nature of the injury, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T