Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15131 of 2023 Arising Out of PS. Case No.-214 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== NEERAJ KUMAR S/o Vidya Gond R/o Village- Nawka Tola, P.S.- Mairwa, Distt- Siwan.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sachida Nand Rai, Advocate For the Opposite Party :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-302, 120(B) of the Indian Penal Code and Section-27 of the Arms Act.

Prosecution case, in short is that the informant's father went out of his house for Sundarpar and in the way, some unknown persons shot dead him.

It has been submitted that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 04-07-2022. The petitioner has remained in custody for about ten months. Charge sheet has already been submitted in this case. The trial is not likely to be concluded in

Patna High Court CR. MISC. No.15131 of 2023(2) dt.01-05-2023 2/2 near future. The name of the petitioner has surfaced in the present case on the basis of confessional statement of coaccused made before the police under Section-161 of the Cr.P.C. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, be released 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 Court below/concerned Court in connection with Sessions Trial No. 510 of 2022 arising out of Mairwa P.S. Case No. 214 of 2022. (Sudhir Singh, J) A.K.V.//- U T