Niraj Kumar @ Neeraj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18695 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ====================================================== Niraj Kumar @ Neeraj Sharma, S/o Jugeshwar Mistri @ Yogendra Mistri, Resident of Village-Hario, P.S.-Magdh Medical, District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP Mr. Rama Kant Sharma, Sr. Advocate Mr. Arun Kumar, Advocate Mr. Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 302/201/379 of the Indian Penal Code.

The FIR of the murder of the father of the informant was registered against unknown. During investigation the petitioner was apprehended by the police on suspicion and his confessional statement was recorded. On the basis of his confessional statement, Hexa blade used for commission of the crime as well as helmet of the deceased was recovered. Submission of the learned counsel for the petitioner is that petitioner has got no criminal antecedent. He is

Patna High Court Cr.Misc. No.18695 of 2018 (4) dt.26-06-2018 in custody since 19.10.2017. No prosecution witness has been examined during trial, which would be evident from the report of the learned trial Judge dated 30.05.2018. Co-accused Dilip Kumar has already been allowed bail by a coordinate Bench of this Court in Cr. Misc. No.17983 of 2018.

Learned counsel for the informant opposed the prayer for the reason that strong circumstantial evidence is there against the petitioner as on the disclosure of the petitioner the weapons used in the crime was recovered.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Muffasil P.S. Case No.305 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T