Niraj Kumar @ Niraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45085 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== NIRAJ KUMAR @ NIRAJ SINGH Son of Shri Anil Singh Resident of Village- Karjani, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivam, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sherghati P.S. Case No. 117 of 2021 for the offence registered under Sections 395, 397 and 412 of the Indian Penal Code. The allegation is regarding unknown miscreants having arrived at the room of the informant where the informant and others were residing and then the said miscreants had looted the cash amount and mobile phone from the informant and his companion.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 10.03.2021. The learned counsel for the petitioner has further submitted that no Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime and moreover no looted articles have been recovered from the possession of the petitioner and he has been falsely implicated in the present case merely on

Patna High Court CR. MISC. No.45085 of 2021(2) dt.11-01-2022 2/2 the confessional statement of the co-accused namely Dina @ Deepu. Lastly, it is submitted that though the petitioner is an accused in one other case but he is on bail in the said case. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime and moreover no looted articles have been recovered from the possession of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati (Gaya) in connection with Sherghati P.S. Case No. 117 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T