Niraj Kumar @ Neeraj Yadav @ Paltu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33162 of 2024 Arising Out of PS. Case No.-907 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Niraj Kumar @ Neeraj Yadav @ Paltu Yadav, Male, aged about 27 years, Son of Vakil Yadav, Resident of Mohalla- Adarsh Colony Surkhikal Bhatth, P.SBarari, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :
Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-09-2024 Heard Mr. Chandra Shekhar Anand, learned counsel appearing on behalf of the petitioner and Mr. Ahmad Ali, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Kotwali (Tilkamanjhi) P.S. Case No. 907 of 2023 registered for the offence(s) punishable under Sections 323, 325, 341, 307, 379 and 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, petitioner along with other accused persons assaulted the informant and had allegedly snatched Rs.22,000/- cash and gold chain belonging to the informant.
Patna High Court CR. MISC. No.33162 of 2024(3) dt.18-09-2024 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that from perusal of the FIR, it would appear that the petitioner has not assaulted and on the frivolous ground that he has snatched a sum of Rs.22,000/- from the informant, he has been roped in the present case. There is case and counter case between the parties.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and he has pointed out that petitioner has four criminal antecedents and it would not be in the interest of the society to enlarge the petitioner on pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that there is case and counter case between the parties and the informant has sustained simple injury and allegation against the petitioner is that he has snatched a sum of rupees twenty two thousand from the pocket of the informant, the petitioner, against whom, criminal cases are pending, if so advised, may surrender before the learned District Court and seek regular bail. In that case, the learned District Court may consider the regular bail application of the petitioner on the same day and pass necessary order on the basis of material which has come in course of investigation,
Patna High Court CR. MISC. No.33162 of 2024(3) dt.18-09-2024 3/3 considering the allegation made against him in the present FIR.
7. The present bail application stands disposed of. (Purnendu Singh, J) Sanjay/- U T