Neeraj Kumar @ Neeraj Singh @ Niraj Kumar @ Niraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31635 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -KOTWALI District- PATNA ======================================================

1. Neeraj Kumar @ Neeraj Singh @ Niraj Kumar @ Niraj Singh Son of Late Rabindra Prasad Singh Resident of village - Moldiartola, P.S. Mokama, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-08-2016 The matter is listed under the heading "To Be Mentioned" on the prayer of learned counsel for the petitioner. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 19.03.2016 in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Although, petitioner is named in the first information report but informant claims that it was co-accused, Umesh Singh who shot fire on the deceased.

Learned counsel for the petitioner submits that in course of investigation, the confessional statement of co-accused,

Patna High Court Cr.Misc. No.31635 of 2016 (2) dt.03-08-2016 2/2 Umesh Singh was recorded and in the aforesaid confessional statement also, the co-accused, Umesh Singh has stated nothing against the petitioner. So far as so-called eye witnesses are concerned, they have also stated nothing specific against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that nothing specific has been mentioned by the Additional Sessions Judge-II, Patna in his impugned order against the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 136 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T