Nishant Kumar @ Mani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89977 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Murad S/o- Roja Mian @ Rojadin Miyan Village- Sirsa P.S-Baikunthpur District-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Baikunthpur P.S. Case No. 163 of 2024 dated 16.05.2024 registered for the offence/s punishable u/ss 341, 323, 324, 307 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the coaccused persons are alleged to abused and assaulted the informant and others and on the exhortation of the co-accused Roja Miyan, the petitioner assaulted the informant's brother with knife in his stomach due to that he became unconscious.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.89977 of 2024(2) dt.08-01-2025 2/2 case. There is no eyewitness to the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner and the victim sustained grievous injury.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Baikunthpur P.S. Case No. 163 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T