Jaiki @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49550 of 2021 Arising Out of PS. Case No.-36 Year-2020 Thana- EAST COLONY District- Munger ====================================================== JAIKI @ NEERAJ KUMAR Son of Niranjan Kumar @ Niranjan Paswan Resident of Mohalla - Rampur Colony, P.S.- Jamalpur, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bibhakar Tiwary For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-05-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 85 of 2021 arising out of East Colony P.S. Case No. 36 of 2020 instituted for the offences under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The son of the informant was found dead. Shortly before his death, the informant had seen him hanging around with his friends including the petitioner. On such suspicion, namely, the petitioner and others having been seen last with the deceased, the petitioner also was made accused in this case. However, from the First Information Report, it appears that with some of the friends, the deceased had some enmity of some kind

Patna High Court CR. MISC. No.49550 of 2021(2) dt.25-05-2022 2/3 but nothing has been reported which could indicate that the deceased had any grudge against the petitioner or vice-versa. The entire accusation against the petitioner is based on suspicion and on his last being seen with the deceased shortly after which the deceased was found murdered.

One of the accused persons of this case with whom the deceased had enmity, which fact has been narrated in the First Information Report, namely, Suman Prakash has been granted bail by a Bench of this Court vide order dated 25.12.2021 passed in Cr. Misc. No. 36570 of 2021. The learned counsel for the petitioner has submitted that but for the aforesaid evidence against him of his being present along with the deceased shortly before he was shot dead, there is no other material to connect him with the offence or any motive for him to participate in the act of killing. Considering the period of custody of the petitioner which is from 09.12.2020 and also taking into account that only charges have been framed in this case uptil now as also the nature of accusation against the petitioner, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Munger, in

Patna High Court CR. MISC. No.49550 of 2021(2) dt.25-05-2022 3/3 connection with Sessions Trial No. 85 of 2021 arising out of East Colony P.S. Case No. 36 of 2020.

(Ashutosh Kumar, J) sunilkumar/- U T