Rajesh Kumar @ Nilesh Kumar @ Nilesh Mukar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16024 of 2024 Arising Out of PS. Case No.-699 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Rajesh Kumar @ Nilesh Kumar @ Nilesh Mukar S/o Bilash Yadav R/o vill - Chandaur, ward no. 04, P.S. - Saur Bazar and Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Verma For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they assaulted the informant and his son, during occurrence co-accused namely, Arvind Kumar Yadav and Gautam Kumar Sharma fired upon son of the informant due to which he sustained injuries.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is not named in the FIR

Patna High Court CR. MISC. No.16024 of 2024(2) dt.12-03-2024 2/2 rather merely on the basis of confessional statement of coaccused, namely, Sunil Kumar the petitioner has falsely been implicated in this present case. There is no specific allegation of firing levelled against the petitioner rather the specific allegation is levelled against co-accused persons who have already enlarged on bail vide order dated 09.08.2023 passed in Cr. Misc. No. 41460 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 25.03.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saur Bazar P.S. Case No. 699 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa.

(Sunil Kumar Panwar, J) Manishkr/- U T