Srikant Nirala @ Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38082 of 2023 Arising Out of PS. Case No.-534 Year-2022 Thana- MANER District- Patna ====================================================== Srikant Nirala @ Nirala Son of Nageshwar Prasad Resident of village - Bijapath, P.S. - Shahpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Maner P.S. Case No. 534 of 2022 dated 03.08.2022, instituted for the offences punishable under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. The prosecution case, in short, is that on 02.08.2022 at about 6:30 pm, three accused persons came to the shop of the informant's husband and fired gun shot on her husband. The informant took her injured husband to the hospital where he was declared dead.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that F.I.R. has been lodged against

Patna High Court CR. MISC. No.38082 of 2023(2) dt.07-07-2023 2/2 four named accused persons. It is further submitted that petitioner is not named in the F.I.R and his name has transpired in this case only on the basis of suspicion. There is no involvement of the petitioner in the said crime. From the perusal of the F.I.R, it is apparent that there was an intimate relation between daughter of one of co-accused, namely, Lal Babu Rai and deceased (Nirala) due to which the aforesaid occurrence happened. Lastly, it has been submitted that the petitioner is in custody since 24.01.2023 having one criminal case against him and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Danapur in Maner P.S. Case No. 534 of 2023.

(Khatim Reza, J) annpurna/- U T