Patna High CourtCR. MISC./23648/2023bail granted

Nishant Kumar @ Nishu v. The State Of Bihar

2023-05-23Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23648 of 2023 Arising Out of PS. Case No.-253 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== NISHANT KUMAR @ NISHU Son Of Ranjeet Rai, Resident Of VillageBagraha Dih, Ward No. 17, P.S. - Fulwaria, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Teghra P.S. Case No. 253 of 2022, dated 03.09.2022 registered for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that the petitioner is not named in the FIR and during investigation co-accused Anurag Kumar @ Bhulla, who has been granted bail by co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 11727 of 2023, revealed the name of this petitioner being involved in the alleged crime of murder but except the said statement of co-accused, there is no any

Patna High Court CR. MISC. No.23648 of 2023(2) dt.23-05-2023 2/3 other material to connect the petitioner to the alleged crime and as per the FIR the main allegation of causing firearm injuries to the deceased is against co-accused Shushil Rai and Shiv Lochan Rai @ Lucy and after petitioner's arrest in the present matter, police failed to recover any incriminating article from his possession and against the petitioner there is criminal antecedent of one case in which he is on bail and in the present matter he has been languishing in jail since 22.09.2022 and against him the investigation has been completed.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly the facts that the petitioner is not named in the FIR and the allegation of causing firearm injuries to the deceased is against two co-accused persons who are named in the FIR and as per above submission the name of this petitioner came into light in the statement of co-accused Anurag Kumar @ Bhulla who is on bail and against the petitioner investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.23648 of 2023(2) dt.23-05-2023 3/3 concerned Court in connection with Teghra P.S. Case No. 253 of 2022.

(Shailendra Singh, J.) maynaz/- U T