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Patna High CourtCR. MISC./4446/2025bail granted

Niraj Kumar Singh @ Niraj Kumar v. The State Of Bihar

2025-01-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4446 of 2025 Arising Out of PS. Case No.-231 Year-2023 Thana- CHANDRADIP District- Jamui ====================================================== Niraj Kumar Singh @ Niraj Kumar S/o Ashok Singh R/o Village- Sonkhar, P.S.- Chandradeep, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanju Singh, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP representing the State.

2. The petitioner apprehends his arrest in connection with Chandradeep P.S. Case No. 231 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 225, 333, 307, 337, 338, 353, 427, 504, 506 of the Indian Penal Code.

3. As per prosecution case, accusation against the accused persons along with the petitioner is of obstructing the police party from performing their official duty and pelting bricks and stones upon the police party as well as causing damage to the police vehicle.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.4446 of 2025(2) dt.24-01-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. He further submits that as per impugned order, no one sustained any injury in the alleged occurrence. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is no eye-witness who have supported the prosecution version. Learned counsel for the petitioner further submits that the co-accused Rajesh Kumar, Munnu Singh @ Munnu Kumar, Chunnu Singh and Suraj Kumar have been granted regular bail by this Court vide orders dated 23.08.2024 and 30.08.2024 passed in Cr. Misc. No. 59020 of 2024 and 62071 of 2024 respectively.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner, stating that the offence alleged in the occurrence is serious in nature and, hence, he does not deserve privilege of anticipatory bail.

6. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner above-

Patna High Court CR. MISC. No.4446 of 2025(2) dt.24-01-2025 3/3 named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chandradeep P.S. Case No. 231 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T