Neeraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12124 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -ITARHI District- BUXAR ======================================================
1. Neeraj Kumar, S/o Sri Umesh Singh, Resident of Village- Tilakpura, P.S.- Dawath, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-04-2017 Heard both sides.
The petitioner seeks bail in Itarhi P.S. case No. 64 of 2016 under Section 307, 379, 504 of the Indian Penal Code and under Section 27 of the Arms Act.
The informant named six persons, namely, Arvind Yadav, Anuj Sah, Shivjee Chauhan, Akhilesh Pathak, Vishwanath Yadav and Girij Yadav and alleged that Anuj Yadav exhorted and, on such, Arvind Yadav fired in which informant got injuries. Shivji Chauhan, Akhilesh Pathak with Vishwanath Yadav and Girij Yadav took away motor cycle of the informant. The learned counsel for the petitioner submits that petitioner is not named in the FIR. Name of the petitioner surfaced in the case during the course of investigation. The motor cycle of
Patna High Court Cr.Misc. No.12124 of 2017 (3) dt.10-04-2017 2/2 the informant was recovered from the possession of the petitioner and after completion of investigation charge sheet under Section 395, 397, 412 of the IPC was submitted against the petitioner and other accused persons.
It appears that informant has not made any specific allegation against the petitioner. Similarly situated accused Chanchal Mishra has already been granted bail vide order passed in Cr. Misc. No. 3730 of 2017.
Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Buxar in Itarhi P.S. Case No. 64 of 2016. (Prabhat Kumar Jha, J) BKS/- U T