Neeraj Kumar @ Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21787 of 2025 Arising Out of PS. Case No.-425 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Neeraj Kumar @ Niraj Kumar Son of Sunil Prasad @ Sunil Chandravansi @ Shusil @ Sushil Chandravanshi Village- Sathali Mohalla, Ward No.- 11, Jagdishpur, P.S.-Jagdishpur, District- Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar BIHAR 2.
The State f Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar .
For the Opposite Party/s :
Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jagdishpur P.S. Case No. 425 of 2024 dated 12.12.2024 registered for the offences punishable under Sections 190, 191(2), 115(2), 126(2), 303(2), 304(2), 109 and 132 of Bhartiya Nyaya Sanhita.
3. As per the prosecution case, the informant along with police officials seized a motorcycle without number plate. In the meantime, the co-accused, Abhay Yadav and Matendra Kumar came for the release of the said motorcycle, the informant was not ready for releasing the seized motorcycle.
Patna High Court CR. MISC. No.21787 of 2025(2) dt.18-06-2025 2/3 Thereafter, the co-accused persons went to the shop of Champaran Meat house and came along with 13-14 persons including the petitioner and attacked the three constables and the co-accused Abhay Yadav and Matendra Yadav and the petitioner snatched the pistol of the informant. Thereafter, the informant's colleague C/1278 Balwant Kumar was caught by Raja Kumar and Ankit Kumar and the co-accused Priyanshu Kumar, Narmadeshwar Yadav and Bijendra Kumar assaulted him and snatched his mobile phone and the informant's colleague C/864 Rohit Kumar was caught by Chandan Kumar and Pappu Samrat and Lallu Samrat and Anil Yadav assaulted him and snatched his mobile phone.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.01.2025. The co-accused has been granted regular bail by this Court vide order dated 21.03.2025 passed in Cr. Misc. No. 13976 of 2025.
5. Learned A.P.P. for the State has opposed the bail
Patna High Court CR. MISC. No.21787 of 2025(2) dt.18-06-2025 3/3 petition of the petitioner. The specific allegation of snatching pistol is against the petitioner and the co-accused, Abhay Yadav, Matendra Yadav. As per the seizure list, the pistol is recovered from bagicha situated 300m south-west of Jagdishpur Jio Petrol Pump.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Bhojpur in connection with Jagdishpur P.S. Case No. 425 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T