Nitish Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA Mr. Shailendra Kumar Singh, Advocate Mr. Anuj Kumar Shrivastava, A.P.P. ORAL ORDER 2 08-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State. Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today. This is an application for grant of anticipatory bail in connection with Bihariganj P.S. Case No. 116 of 2021 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code. As per F.I.R., informant alleges that the occurrence took place on 29.05.2021 when the informant drove out the she- goats of co-accused Durgesh Mehta who was scattering the collected maizes (Bhutta) of the informant.

Thereafter, all the Patna High Court CR. MISC. No.70926 of 2021(2) dt.08-06-2022 accused persons came with armed and abused to the informant. Co-accused Durgesh Mehta assaulted with rod causing injury on the head of the informant. It is further alleged that the accused persons including petitioners assaulted the informant and his cousin brother Birbal Kumar and took out cash of Rs. 10,000/- from the pocket of Birbal Kumar and snatched a gold chain from the neck of informant. Learned counsel for the petitioners submits that the petitioners are Gotiya of the informant and cause of occurrence is that when she-goats of co-accused Durgesh Mehta was scattering the collected maizes (Bhutta) of the informant, he drove out the she-goats resulted into free fight between the parties and during Mar-Peet both the parties had become injured, case and counter case were instituted from both side and there is no specific allegation against the petitioners.

It is also submitted that there is no criminal antecedent against the petitioners. Learned A.P.P. for the State has opposed the prayer of anticipatory bail application of the petitioners. Considering the fact that the petitioners are Gotiya of the informant, there is no specific allegation against the petitioners and both the parties became injured, let the Patna High Court CR. MISC. No.70926 of 2021(2) dt.08-06-2022 petitioners, above named, in the event of their arrest/surrender before the learned court below within a period of four weeks from the date of receipt/production of copy of this order, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Uda-Kishunganj, Madhepura in connection with Bihariganj P.S. Case No. 116 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. ved/- U T (Sunil Dutta Mishra, J)