Patna High CourtCR. MISC./29058/2024bail granted

Neeraj Kumar @ Chottu v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29058 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- SARAI District- Vaishali ====================================================== Neeraj Kumar @ Chottu son of Nand Kishore Singh R/o Village- Hussaina Khurd, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sarai P.S. Case No. 11 of 2024 instituted for the offences under Sections 302 and 120(B) of the Indian Penal Code and section 27 of the Arms Act.

3. Prosecution allegation, in short, is that all the FIR named accused persons surrounded the husband of the informant. The Co-accused Sanjeet Kumar and Sanjay Kumar fired from their pistol on him due to which the informant's husband died on the spot

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.29058 of 2024(2) dt.29-04-2024 2/2 present case. Petitioner is not named in the FIR. His name surfaced on the basis of confessional statement of co-accused Rishu Kumar Singh @ Rishu Kumar and except the said confessional statement there is nothing against the petitioner. Charge-sheet has been submitted in this case. The petitioner is in custody since 28.01.2024 and has no criminal antecedent

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the in connection with in connection with Sarai P.S. Case No. 11 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U