Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27914 of 2023 Arising Out of PS. Case No.-97 Year-2021 Thana- CHACKMEHSI District- Samastipur ====================================================== 1.

NIRAJ KUMAR, S/O BISHWANATH RAY R/O Village-Belsandi, P.S- Chakmehasi, Distt.- Samastipur.

2.

Pravin Kumar, S/O Sohan Sahani R/O Village-Belsandi, P.S- Chakmehasi, Distt.- Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anu Priyadarshni, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioners are 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 petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in connection with Chakmehasi P.S. Case No. 97 of 2021 dated 28.06.2021 registered for the offences punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants boarded on a motorcycle intercepted the informant and looted group collection register, mobile phone and collected amount of Rs.31,820/- from the informant on the point of pistol.

Patna High Court CR. MISC. No.27914 of 2023(2) dt.25-05-2023 2/3 The informant works in Bandhan Bank.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners has sprung up in the confessional statement of the co-accused Md. Ahmad @ Baba. No T.I.P. has been conducted by the prosecutiion. Nothing has been recovered from the conscious possession of the petitioners. The petitioners is an accused of other criminal cases as stated in para 3 of the bail petition. The petitioners are in custody since 08.07.2022. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Chakmehasi P.S. Case No. 204 of 2020 with the following condition :-

1. The petitioners are directed to remain physically present before the learned Court below on each

Patna High Court CR. MISC. No.27914 of 2023(2) dt.25-05-2023 3/3 and every date, failing which on two consecutive dates without reasonable cause, their bail bonds is liable to be cancelled.

The application stands allowed.

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