Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35803 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- ROH District- Nawada ====================================================== Niraj Kumar Son of Manoj Yadav Resident of Village - Mahkar, P.S.- Roh, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is apprehending his arrest in a case registered in connection with Roh P.S.Case No. 164 of 2020 for the offences punishable under Sections 147, 148, 149, 342, 32,302, 307, 120B, 354, 504, 506 of the Indian Penal Code and section 27 of the Arms Act.
As per allegation in the F.I.R all the F.I.R named accused persons including the petitioner armed with various weapons surrounded the husband of the informant. On order of Vinod Yadav, coaccused Vinay Yadav shot fire on this chest resulting into his death. Petitioner along with others have dragged the husband of the informant.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.35803 of 2021(2) dt.10-03-2022 2/2 petitioner has falsely been implicated in this case. There is general and omnibus allegation levelled against the petitioner. Specific allegation of firing is against co-accused Vinay Yadav. On similar footing other co-accused have been granted bail by this court in Cr. Misc. No. 33488 of 2021 and Cr. Misc. No 18820 of 2021.
Learned Additional Public Prosecutor opposed the bail prayer of the petitioner.
Considering the facts and circumstance of the case as well as submission of the parties, let the petitioner in the event of his arrest or surrender before the Court Below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class Nawada in connection with Roh P.S Case No.164 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C (Sunil Kumar Panwar, J) N.K/- U