Patna High CourtCR. MISC./15851/2023bail granted

Niraj Kumar @ Gandhi v. The State Of Bihar

2023-05-16Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15851 of 2023 Arising Out of PS. Case No.-727 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== Niraj Kumar @ Gandhi Son Of Manoj Kumar Yadav R/O Mohalla- Binodpur, P.S.- Katihar Town, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shruti Sinha, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Katihar Town P.S. Case No. 727 of 2022, registered for the offences punishable under Sections 307, 354 (B), 379, 509 and 34 of the Indian Penal Code read with Section 27 of Arms Act. As per the prosecution case, the allegation against the petitioner is that informant conspired with the petitioner to implicated co-accused, namely, Ankit Kumar in the false case. Learned counsel for the petitioner submits that the petitioner is a student who has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The confession of the petitioner has no evidentiary value. The petitioner has no criminal antecedent and

Patna High Court CR. MISC. No.15851 of 2023(2) dt.16-05-2023 2/2 is in jail custody since 12.11.2022. He further submits that the similarly situated co-accused person, namely, Ritesh Kumar has already been granted regular bail vide order dated 03.05.2023 in Criminal Misc. No. 8557 of 2023 by a Co-ordinate Bench of this Court.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 727 of 2022.

(Sunil Dutta Mishra, J) ashutosh/- U T