Patna High CourtCR. MISC./36660/2024dismissed

Niraj Kumar v. The State Of Bihar

2024-09-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36660 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Niraj Kumar Son Of Rajkishor Singh Resident Of Village - Adhkhani, P.S. - Parihar, District - Sitamarhi.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 37974 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Kundan Kumar Son of Kishori Singh Resident of Village - Adhkhani, P.S.- Parihar, District - Sitamarhi.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 36660 of 2024) For the Petitioner/s :

Mr. Subodh Kumar, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP (In CRIMINAL MISCELLANEOUS No. 37974 of 2024) For the Petitioner/s :

Mr. Subodh Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Sursand P.S. Case No. 83 of 2024, lodged under Sections 302/34 of the I.P.C. read with Sections 25(1-B)a, 26, 27 and 35 of the Arms Act.

Patna High Court CR. MISC. No.36660 of 2024(3) dt.18-09-2024 2/2

3. As per the prosecution case, due to earlier dispute, the petitioners and others are said to have fired indiscriminately upon the deceased, who is none other than wife of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are in custody since 16.02.2024. The names of the petitioners have figured in this case due to previous enmity. The petitioner of Cr. Misc. No. 36660 of 2024 has two criminal antecedents and the petitioner of Cr. Misc. No. 37974 of 2024 has one criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that there are criminal antecedents of the petitioners.

6. Considering the fact that one person has been killed by the petitioners and others, I am not inclined to grant bail to the petitioners and therefore, the present bail applications are hereby rejected.

(Sandeep Kumar, J) sadique/- U T