Niranjan Kumar @ Mithu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6294 of 2024 Arising Out of PS. Case No.-320 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Niranjan Kumar @ Mithu S/o Madan Singh R/o vill - Verauhi, P.s. - Dipnagar, Distt. - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hansraj, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Giriyak (Pawapuri) P.S Case No. 320 of 2023 registered for the offences punishable under Sections 385 , 387/34 of the I.P.C and 27 of the Arms Act.
3. As per allegation in the FIR, two unknown miscreants used to come near his home and after throwing a letter they were fled away from there in which a demand of Rs. 15 lakh was made. It is further alleged that they also used to fire to threaten the informant.
Patna High Court CR. MISC. No.6294 of 2024(2) dt.16-02-2024 2/3
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner name surfaced merely on the basis of confessional statement of co-accused. It is next submitted that in similarly situated condition one of the co-accused has been granted bail by the Coordinate Bench of this Court vide order dated 17.10.2023 passed in Cr. Misc. No. 67522 of 2023. It is also submitted that petitioner is in judicial custody since 07.08.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.6294 of 2024(2) dt.16-02-2024 3/3 Nalanda, Biharsharif in connection with Giriyak (Pawapuri) P.S Case No. 320 of 2023.
7. The trial court is directed to conclude the proceeding of framing of charge according to law a period of one month from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be present physically on each and every date before the trial court till conclusion of the the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U T