Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19375 of 2021 Arising Out of PS. Case No.-130 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== NIRANJAN KUMAR SON OF SHRI PUNA PRASAD @ PUNA MAHTO R/O VILL- DHIBAR, P.S- FATEHPUR, DIST- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Sr. Advocate Mr. Vaishnavi Singh For the Opposite Party/s :

Mr.A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2021 Supplementary affidavit is filed on behalf of the petitioner. Let it be kept on record.

Heard Sri Ajay Kumar Thakur, learned senior counsel for the petitioner, learned counsel for the informant and learned APP for the State.

Petitioner seeks bail in connection Fatehpur P.S. Case no. 130 of 2020 dated 20.06.2020 registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302 and 120B of the Indian Penal Code. Learned senior counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to dirty village politics. There is general and omnibus allegation and no specific overt-act has been attributed against

Patna High Court CR. MISC. No.19375 of 2021(3) dt.15-11-2021 2/3 him. Learned senior counsel for the petitioner further submits that there is counter case also and injuries are from both sides and the present occurrence took place on account of land dispute. Learned senior counsel for the petitioner further submits that co-accused Prakash Kumar, Punna Mahto, Surendra Prasad and Musafir Mahto have been granted regular bail by this court vide. Cr. Misc. no. 13472/2021, Cr. Misc. no. 37204/2021 and Cr. Misc. no. 11155/2021 respectively, Learned counsel for the informant vehemently opposed the prayer for bail of the petitioner but on query of the court as to what basis he differentiates the case of this petitioner with co-accused who have been granted regular bail by this court, on that learned counsel for the informant fairly submits that allegations are general and omnibus against all accused persons.

Learned APP vehemently also opposed the prayer for bail of the petitioner.

Considering the facts that petitioner is in jail custody since 22.06.2020, charge sheet has been submitted and petitioner is a person with clean antecedent, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.19375 of 2021(3) dt.15-11-2021 3/3 each to the satisfaction of the Addl. Chief Judicial Magistrate X, Gaya in Fatehpur P.S. Case no. 130 of 2020.

(Satyavrat Verma, J) s.hassan/- U T