Nawlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86342 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== 1 .
Nawlesh Kumar S/o- Butan Yadav Village- Ratanpur Ps-Chandi DistBhojpur 2.
Niraj Kumar S/o- Butan Yadav Village- Ratanpur Ps-Chandi Dist- Bhojpur 3 .
Butan Yadav S/o- Ramun Yadav Village- Ratanpur Ps-Chandi Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 149, 323 , 341 , 504 and 302 of the Indian Penal Code and 25 (1-b)/a/26/35 of Arms Act.
3 . As per the prosecution case , informant alleged that in the evening of 21.06.2024 all the accused persons including these petitioners armed variously came at the door of informant and thereafter it is alleged that upon exhortation made by the accused persons, Kaushal opened fire which hit the right chest of son of informant, Vishal Kumar. When the villagers
Patna High Court CR. MISC. No.86342 of 2024(2) dt.02-04-2025 2/2 assembled there, all the accused persons escaped. The injured was rushed to sadar hospital Ara where he was declared dead.
4. Learned counsel for the petitioners submitted that specific allegation of opening fire is against co-accused Kaushal, which hit the chest of the deceased. There is no specific allegation of assault against these petitioners. Petitioners claim clean antecedent.
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today , let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate bhojpur at Ara in connection with Chandi P.S. Case No. 77 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T