Niramal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26444 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Niramal Kumar S/O Sulen Yadav Resident of Vill.- Pirangara, P.S.- Beldaur, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Beldour P.S. Case No. 216 of 2024 registered for the alleged offences under Sections 341, 307, 506/34 of the Indian Penal Code and Section 25(1-b)a, 27 of the Arms Act.

03. As per prosecution case, petitioner and two other co-accused persons opened indiscriminate firing on the informant and his associate, who were going on a motorcycle. Thereafter, the assailants chased the informant and his associate while shooting at them.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is apparent that there is no specific

Patna High Court CR. MISC. No.26444 of 2025(2) dt.06-05-2025 2/3 allegation against the petitioner and the allegation of firing indiscriminately is against three co-accused persons. The informant has not mentioned any motive or reason for the petitioner and others for firing upon him. The story of seizure of spent cartridges is false and the evidence in this regard is planted. Nothing incriminating has been recovered from the persons or possession of this petitioner. The petitioner is in custody since 03.12.2024 and charge-sheet has been submitted. Learned counsel further submits that the petitioner is having antecedent of three cases but all the cases have been registered at the same police station and in the year 2024 only.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that there is allegation against the petitioner and others for opening indiscriminate firing upon the informant and his associate.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in

Patna High Court CR. MISC. No.26444 of 2025(2) dt.06-05-2025 3/3 connection with Beldaur P.S. Case No. 216 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T