Nitish Kumar vs The State Of Bihar
2021 Latest Caselaw 1936 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No.34513 of 2020
           Arising Out of PS. Case No.-144 Year-2020 Thana- MALSALAMI District- Patna
      ======================================================

1. Nitish Kumar, aged about 20 years (M), son of Nagendra Rai,

2. Vishal Kumar, aged about 20 years (M), son of Haricharan Rai,

3. Santosh Kumar, aged about 20 years (M), son of Arvind Rai, All resident of village- Rikabganj, P.S. - Malsalami, District- Patna.

... ... Petitioner/s

Versus

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

      For the Petitioner/s    :        Mr. Bijay Bhushan, Advocate
      For the State           :        Mr. Umanath Mishra, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Bijay Bhushan, learned counsel for the

petitioners and Mr. Umanath Mishra, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Malsalami PS Case No. 144 of 2020 dated 29.05.2020,

instituted under Sections 341, 323, 307, 379, 427/34 of the

Indian Penal Code.

4. The allegation against the petitioners is that on

29.05.2020 at about 1.00 PM, when the informant was going to

unload the sand from his tractor, the accused had surrounded

him and had generally assaulted him with iron rod due to which Patna High Court CR. MISC. No.34513 of 2020 dt.13-04-2021

he received head injuries and against co-accused, Hari Charan

Rai, the allegation is that he had snatched Rs. 5200/- from the

pocket of the informant.

5. Learned counsel for the petitioners submitted that

besides having no criminal antecedent, no specific overt act is

alleged against them and there is only a general and omnibus

allegation of assault. It was submitted that, as per his

instructions, there was no injury and, thus, the informant had not

required any medical aid. Learned counsel submitted that he has

filed supplementary affidavit bringing on record the

compromise between the parties. It was submitted that the

parties are neighbours.

6. Learned APP submitted that there is allegation of

snatching of Rs. 5200/-, but he did not controvert that the

allegation is general and omnibus and against another co-

accused, it is of snatching Rs. 5200/-

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction Patna High Court CR. MISC. No.34513 of 2020 dt.13-04-2021

of the learned ACJM-VI, Patna City in Malsalami PS Case No.

144 of 2020, subject to the conditions laid down in Section

438(2) of the Code of Criminal Procedure, 1973 and further (i)

that one of the bailors shall be a close relative of the petitioners,

(ii) that the petitioners and the bailors shall execute bond with

regard to good behaviour of the petitioners, and (iii) that the

petitioners shall cooperate with the Court/police/prosecution.

Any violation of the terms and conditions of the bonds or non-

cooperation would lead to cancellation of their bail bonds.

8. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioners, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioners.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T