Niraj @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16913 of 2023 Arising Out of PS. Case No.-469 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== NIRAJ @ NIRAJ KUMAR, Son of Balindar Prasad, Resident of Mohalla - Narayan Nagar, New Krishnapuri Colony, P.S.- Muffasil, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar,Advocate For the Opposite Party/s :

Mrs. Asha Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Wazirganj P.S. Case No. 469 of 2022 dated 07.09.2022 registered for the offences punishable u/ss 395 and 397 of the Indian Penal Code.

As per the prosecution case, four unknown miscreants on a Scorpio vehicle came and demanded Rs. 25-30 thousands from the informant. The informant is the driver of the Eicher truck. The informant denied then miscreants assaulted him and his cleaner Rajesh Kumar. They also snatched mobile phones and Rs.

Patna High Court CR. MISC. No.16913 of 2023(2) dt.11-05-2023 2/2 3000/- from both the persons.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case during the course of investigation. No T.I.P. has been conducted by the prosecution. He has further submitted that two solar batteries were recovered which belonged to the petitioner. The petitioner has got one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.09.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Wazirganj P.S. Case No. 469 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T