Meraj @ Niroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12642 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- PALASI District- Araria ====================================================== MERAJ @ NIROJ S/O NOORUDDIN R/O VILLAGE- KAKORWA, DEHTI WARD NO. 4, P.S- PALASI, DISTT.- ARARIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Palasi P.S. Case No.78 of 2023 lodged under Sections 302, 201 and 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against one named accused persons (other than the present petitioner) and unknown accused persons against whom there is allegation made by the informant that the named accused persons called his younger brother, but he has not returned. Subsequently, dead body of his younger brother was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is not named in the F.I.R. Counsel further submits that the only thing against the petitioner is that his name has been narrated by the confessional statement of the known

Patna High Court CR. MISC. No.12642 of 2024(4) dt.26-04-2024 2/2 accused.

5. Counsel for the petitioner submits that petitioner is in custody since 30.11.2023 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail ad submits that according to the statement of the named and main accused persons, there is involvement of the present petitioner.

7. Upon specific query whether charge has been framed or not. Counsel submits that as per his knowledge, charge has not been framed till date.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Araria in connection with Palasi P.S. Case No.78 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T