Nitish Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86946 of 2019 Arising Out of PS. Case No.-595 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== NITISH PATEL, aged about 21 years, Male, Son of Ram Awadh Singh @ Latarn Singh @ Ram Awadhesh Singh Resident of Village- Sikthi, P.S.- Bhabua, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Ajay Kumar No. 2 CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 342, 323, 307 of the Indian Penal Code.

Informant has alleged in his fardbeyan that he was on his motorcycle and as he reached Durga Cinema Hall and was going towards Azad Nagar, Madho Singh was coming from opposite side on his motorcycle both met an accident as a result some hot talk took place between the parties and

Patna High Court CR. MISC. No.86946 of 2019(2) dt.18-01-2020 2/3 he called his villagers on mobile which included petitioner and they surrounded and started assaulting him.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Allegations are general and omnibus against all the FIR named accused. There is no allegation of any specific over act against the petitioner. Petitioner is in custody since 06.11.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua, Kaimur, in connection with Bhabua P.S. Case No. 595 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court CR. MISC. No.86946 of 2019(2) dt.18-01-2020 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U