Niraj Kumar @ Kancha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23012 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Niraj Kumar @ Kancha Son of Dharamveer Mandal Resident of Village - Sikandarpur Band Road, P.S.- Town, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and Shri Harendra Prasad, learned A.P.P. for the State. The petitioner is seeking regular bail in connection with Saraiya P.S. Case No. 107 of 2020 instituted for the offences under Section 395 of the Indian Penal Code. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant had alleged that he was posted as a Cashier in Utkarsh Small Finance Bank Saraiya Branch. On 18.02.2020 at 15:30 all of a sudden 6-7 persons came in the branch with pistol, further two of the accused came to the counter and looted the money collected from the customers amounting to Rs. 8,04,030/- and fled away on three motorcycle, the description of which is given in the F.I.R.
Patna High Court CR. MISC. No.23012 of 2021(2) dt.17-11-2021 2/2 The learned counsel for the petitioner submits that the petitioner is in custody since 19.09.2020 and his name has come on the confessional statement of the co-accused Aditya Kumar @ Golu @ Pappu Kumar @ Bahubali. Learned counsel for the petitioner further submits that the aforesaid Aditya Kumar had been granted regular bail by order dated 27.05.2021 in Cr. Misc. No. 2249 of 2021 as such the person who disclosed his name has been granted bail, the petitioner also deserves to be enlarged on bail.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 19.09.2020, charge-sheet has been submitted and coaccused has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Muzaffarpur in connection with Saraiya P.S. Case No. 107 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T