Patna High CourtCR. MISC./12316/2023bail granted

Niraj Kumar v. The State Of Bihar

2023-04-29Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5189 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- BHELDI District- Saran ====================================================== CHUNNU KUMAR SON OF SAHEB RAY @ SAHEB LAL RAY R/O VILLAGE- KASINA, PIRARI, P.S.- GARKHA, DISTRICT- SARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 12316 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- BHELDI District- Saran ====================================================== NIRAJ KUMAR Son of Awadhesh Ray R/o Village - Ismailpur, P.S.- Garkha, District - Saran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 5189 of 2023) For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin (In CRIMINAL MISCELLANEOUS No. 12316 of 2023) For the Petitioner/s :

Mr.Subodh Kumar Barnwal For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners are seeking regular bail in connection with Bheldi P.S. Case No. 366 of 2022, registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26 of the Arms Act. The learned counsel for the petitioner Chunnu Kumar has submitted that two live cartridges and a motorcycle were recovered from him. He has submitted further that the seized motorcycle belonged to his friend, namely Vishal Kumar. The petitioner is under custody since 25.10.2022. The learned counsel for the petitioner Niraj Kumar

Patna High Court CR. MISC. No.5189 of 2023(2) dt.29-04-2023 2/2 has submitted that he is also under custody since 25.10.2022 for the allegation that a country-made pistol was recovered from his possession.

Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Saran at Chapra in connection with Bheldi P.S. Case No. 366 of 2022, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T