Neelu Kumar @ Nilu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20294 of 2025 Arising Out of PS. Case No.-338 Year-2024 Thana- MINAPUR District- Muzaffarpur ====================================================== Neelu Kumar @ Nilu Kumar son of Virendra Rai @ Virendra Kumar Resident of village- Turki Khararu, Ps- Minapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Minapur P.S. Case No. 338 of 2024 instituted for the offences under Sections 109 of the BNS and 25(1-b)a, 26, 27, 35 of the Arms Act.

3. Prosecution case, in short, is that, on the alleged date and time of occurrence, this petitioner came along with one other co-accused on motorcycle and entered the shop of the informant and fired upon the brother of the informant, due to which he sustained injuries.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has committed no offence as alleged in the FIR and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.20294 of 2025(2) dt.16-04-2025 2/2 Learned counsel further submitted that there is no eye-witness to the occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.10.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that there is specific allegation of firing against the petitioner upon the informant's brother. He further submitted that as per the injury report of the informant's brother, he sustained firearm injuries.

6. Considering the aforesaid facts and circumstances of the case, there being specific allegation of firing against the petitioner supported by the medical report, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T