The Patna High Court granted regular bail to the petitioner, Nitish Kumar, charged in a murder and arms case, upon furnishing a bail bond of Rs. 20,000 with two sureties.
The petitioner was enlarged on bail on furnishing a bail-bond of Rs. 20,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53546 of 2023
Arising Out of PS. Case No.-242 Year-2021 Thana- TRIVENIGANJ District- Supaul
======================================================
Nitish Kumar, Son Of Binod Yadav @ Binod Kumar, Resident Of VillageMaura Khap, Ward No 09, Ps- Shankarpur, Distt- Madhepura (BUT In The Impungned Order Which Is Wrongly Been Mentioned The Parental DisttSupaul Instead Of Distt- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shekhar Kumar Singh, Advocate For the Opposite Party/s : Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 25-08-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned
A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Triveniganj P.S. Case No. 242 of 2021 dated 26.07.2021 registered for the offences punishable u/ss 326, 307, 393 read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act.
4. As per the prosecution case, when the informant reached Bhura School then two unknown miscreants boarded on
Patna High Court CR. MISC. No.53546 of 2023(23) dt.25-08-2023 2/3
a motorcycle came near the informant and fired on him as a result of which, the informant sustained injury on right leg below the knee and also sustained injury on right waist.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Munna Kumar @ Munna Yadav who has already been granted bail by the Coordinate Bench of this court vide order dated 17.08.2022 passed in Cr. Misc. No. 24472 of 2022. The petitioner is accused in eight other criminal cases out of which in six cases he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 30.10.2021.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. 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
Patna High Court CR. MISC. No.53546 of 2023(23) dt.25-08-2023 3/3
concerned, Supaul arising out of S.T. No. 307/ 2021 in connection with Triveniganj P.S. Case No. 242 of 2021, corresponding to G.R. No. 1452/ 2021 so, far the petitioner case S.T. number is 178/2022.
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail under the Bharatiya Nyaya Sanhita and other offences?
Whether the period of custody warrants the enlargement of the petitioner on bail?
2 provisions across 2 enactments
Nitish Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
