Niranjan Kumar @ Niranjan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23669 of 2020 Arising Out of PS. Case No.-437 Year-2019 Thana- SAHPUR District- Patna ====================================================== NIRANJAN KUMAR @ NIRANJAN RAY Son of Kameshwar Ray Resident of Village- Nagma, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegation against the petitioner that he along with coaccused as named in the FIR committed the murder of the husband of the informant. It is further alleged that the petitioner and Sunil Rail gave a knife blow to the husband of the informant, which resulted into the death of her husband and other accused persons assisted in committing the murder. The reason of the occurrence assigned to be the family dispute. Learned counsel for the petitioner submits that as per FIR, there is specific allegation against co-accused namely Sunil Rai

Patna High Court CR. MISC. No.23669 of 2020(4) dt.09-11-2020 2/2 and the petitioner to have stabbed knife to the husband of the informant. But, from perusal of the case diary and statement of the witnesses made at paragraph nos. 12, 20, 21 and 22 before the Investigation Officer, it appears that there is specific allegation against co-accused namely Sunil Rai. The petitioner is brother-in-law of the deceased. The petitioner is in custody since 02.11.2019 and has got no criminal antecedent. Learned APP for the State opposes the prayer for bail petition.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-1, Danapur, District-Patna, in connection with Shahpur P.S. Case No. 437 of 2019.

(Anjani Kumar Sharan, J) amitkumar/- U T