Niraj Kumar @ Niraj Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10156 of 2024 Arising Out of PS. Case No.-362 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Niraj Kumar @ Niraj Sahni, Male, aged about 22 years, S/O Ranjit Sahni, R/O Village- Khaidi Namapur, P.S- Chakmehsi, Distt.- Samastipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Advocate :
Ms. Rani Shashi Bharti, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 362 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code. 3.
As per FIR, three miscreants, riding on motorcycle, snatched the bag from the informant containing cash and other documents while he was going to the branch of Ujjivan Small Fiance after collecting EMI.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in this and the name of the petitioner has transpired on the basis of confessional statement of co-accused. Petitioner
Patna High Court CR. MISC. No.10156 of 2024(2) dt.26-02-2024 2/3 is in custody since 21.08.2023 and similarly situated co-accused have also been granted bail by a Co-ordinate Benches of this Court passed in Cr. Misc. Nos.26858 of 2023, 6787of 2023 and 18908 of 2023 respectively.
5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances and similarly situated co-accused persons have already been granted bail, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Kalyanpur P.S. Case No.362 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Anjita Singh, Judicial Magistrate, Ist Class, Samastipur/concerned Court.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days 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 above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of
Patna High Court CR. MISC. No.10156 of 2024(2) dt.26-02-2024 3/3 framing of charge.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T