Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87013 of 2024 Arising Out of PS. Case No.-466 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== Nishant Kumar Son of Sunil Kumar Resident of Village- (Muhda) Loco Colony, Police Station- Delha, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Chandauti P.S. Case no.466 of 2023 registered under sections 307, 341, 323, 504, 379 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant states that his friend Chandu Yadav called him to reach Gaya and talked to his nephew Nishant Kumar the petitioner herein who would give money to be given to Advocate. On the said information the informant reached Gaya and contacted the petitioner. Accused Umesh and Chandu along with the two unknown persons took the informant on motorcycle and

Patna High Court CR. MISC. No.87013 of 2024(4) dt.11-04-2025 2/3 accused Chandu started abusing him and subsequently he fired upon the informant due to which he sustained gun shot injury.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is general and omnibus allegation levelled against him. The main allegation of assault is upon co-accused Chandu who fired upon the informant due to which he sustained gun shot injury. So far as allegation against this petitioner is concerned, the only reference with regard to him is that the informant had contacted him on his mobile phone. Learned counsel for the petitioner has also brought on record a joint compromise petition dated 19.02.2025 filed before the learned Court below bearing signature of both the petitioner and the informant by way of a supplementary affidavit. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chandauti P.S. Case no.466 of 2023 on

Patna High Court CR. MISC. No.87013 of 2024(4) dt.11-04-2025 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T