Neeraj Kumar @ Neeraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10731 of 2017 Arising Out of PS.Case No. -209 Year- 2011 Thana -BARAUNI District- BEGUSARAI ====================================================== Neeraj Kumar @ Neeraj Singh, son of Arun Singh, resident of VillageChakballi, P.S.- Barauni (Refinery O.P.), District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur with Mr. Nilesh Kumar, Advocates For the Informant : Mr. Akhileshwar Pd. Singh, Sr.Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Barauni (Refinery) P.S.Case No. 209 of 2011 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 302, 337 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner is that he along with other co-accused persons had fired on the deceased. It has been submitted on behalf of the petitioner that petitioner along with four co-accused is alleged to have fired on the deceased but only one injury was found on the person of the deceased and co-accused having similar allegation has been granted bail by this Court in Cr.Misc.No. 32425 of 2016, vide

Patna High Court Cr.Misc. No.10731 of 2017 (3) dt.27-04-2017 2/3 order dated 12.8.2016 and petitioner is in custody since 13.2.2017. Heard learned APP and learned counsel for the informant also. They have opposed the prayer for bail stating that there is allegation of firing against this petitioner also and now the case has already been committed to the court of sessions. Having heard both sides and considering the aforesaid facts and circumstances and also considering the fact that coaccused having similar allegation has been granted bail, let the petitioner, named above, be released on bail 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 Additional Chief Judicial Magistrate-IV, Begusarai, in connection with Barauni (Refinery) P.S.Case No. 209 of 2011, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to

Patna High Court Cr.Misc. No.10731 of 2017 (3) dt.27-04-2017 3/3 appear before the court below on two consecutive dates without showing any genuine reason and without permission of the court, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U