Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5470 of 2024 Arising Out of PS. Case No.-198 Year-2023 Thana- KOTWALI District- Munger ====================================================== Nitish Kumar S/O Late Jitendra Yadav R/O Village- Kemkha, Ps. Kotwali, Dist. Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kotwali (Basudeopur) P.S. Case No. 198 of 2023 dated 15.05.2023, instituted for the offence punishable under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner is that, he along with other co-accused persons tried to snatch the motorcycle of the informant and when he refused to give the motorcycle, the petitioner along with other accused persons assaulted him due to which the informant sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.5470 of 2024(2) dt.17-02-2024 2/2 case. It is further submitted that there is a specific allegation against one co-accused namley, Adarsh Kumar, who assaulted the informant by means of iron rod. It is further stated that the injury sustained by the informant is found to be simple in nature. Learned counsel further submitted that allegation against the petitioner is general and omnibus in nature. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kotwali (Basudeopur) P.S. Case No. 198 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) sankalp/- U T