Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16290 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- PIPRA District- East Champaran ====================================================== NIRAJ KUMAR Son of Pramansh Ray @ Parabhansh Ray R/o village - Chakaniya, P.S.- Pipra, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they committed murder of the informant's son by means of sharp object and threw his body in a sugar field due to money altercation. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.16290 of 2023(3) dt.23-06-2023 2/3 informant is not an eye witness of the alleged occurrence and merely on the basis of suspicion the petitoner has falsely been implicated in this case. There is no specific allegation of committing murder attributed against the petitioner rather co-accused, namely, Pankaj Kumar confessed his guilt that he committed murder of the informant's son by means of knife blow and at his instance, knife which was used in this alleged crime was also recovered. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.10.2022.

Learned APP appearing for the state and informant learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pipra P.S. Case No. 289 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.16290 of 2023(3) dt.23-06-2023 3/3 amount each to the satisfaction of learned C.J.M., Motihari East Champaran at Motihari.

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