Nitish Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53835 of 2018 Arising Out of PS.Case No. -126 Year- 2018 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Nitish Kumar, S/o Sadan Singh.

2. Subhash Singh, S/o Jangbahadur Singh.

3. Pramod Singh, S/o Jangbahadur Singh

4. Hitesh Singh @ Hitesh Kumar, S/o Biko Singh, All are Resident of Village- Patel Nagar (Bharra), P.S.- Chautham, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners, O.P. No. 2 and learned APP for the State.

Learned counsel for the petitioners submits that by order dated 12-09-2018, this application with regard to petitioner No. 2 has already been dismissed.

The petitioner Nos. 1, 3 & 4 are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

The prosecution case, in brief, is that accused persons came at the mobile shop of the informant and abused him. On protest made by him, the informant was assaulted by accused persons and it is also alleged that the accused persons snatched Rs. 5000/- from

Patna High Court Cr.Misc. No.53835 of 2018 (3) dt.09-10-2018 cash box.

It has been submitted on behalf of the petitioner Nos. 1, 3 & 4 that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The injury is said to be simple in nature. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by Magistrate.

On behalf of the State and O.P. No. 2, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner Nos. 1, 3 & 4, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri B. Kumar, J.M. Khagaria in connection with Chautham P.S. Case No. 126 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T