Patna High CourtCR. MISC./2379/2024dismissed

Nitish Kumar v. The State Of Bihar

2024-04-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2379 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== Nitish Kumar S/O Sri Sitaram Singh Village Gharai Panchayt Rasauk P.S. Morkahi District Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.D. Sanjay, Sr. Adv.

Mr. Mohit Agarwal, Adv.

For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2024 Heard Mr. S.D. Sanjay, learned senior counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 34, 120B of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have assaulted the son of the informant as a result of which son of the informant died.

4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the informant is aunty of the petitioner and due to animosity between father of the petitioner and husband of the informant, he has been made

Patna High Court CR. MISC. No.2379 of 2024(4) dt.26-04-2024 2/2 accused in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that there is some family dispute between the parties. He submits that there is no eye witness to the alleged incident. He further submits that petitioner has criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 25.07.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that the petitioner is the main assailant, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Morkahi P.S. Case No. 76 of 2023.

(Anjani Kumar Sharan, J) devendra/- U T