Neeraj Kumar @ Neeraj Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19234 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ======================================================
1. Neeraj Kumar @ Neeraj Kumar Mahto, Son of Ram Pukar Mahto, Resident of Village- Chanaur, P.S.- Bhagwanpur, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hare Krishna Prasad, Adv. For the Opposite Party/s : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Bhagwanpur P.S. Case No. 185 of 2017 registered under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.
Three motorcycle borne criminals are said to have resorted firing on the son of the informant on the way to his house along with the informant.
It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence as alleged. The petitioner has been falsely implicated in this case. He has no concern with the aforesaid occurrence. There is nothing in the record indicating the complicity of the petitioner in the
Patna High Court Cr.Misc. No.19234 of 2018 (03) dt.18-05-2018 - 2 - occurrence barring the confessional statement of co-accused Birju Mahton which has no evidentiary value in the eye of law. Moreover, in the said confessional statement Birju Mahton has confessed resorting firing upon the victim by him (Birju Mahton). The petitioner has been languishing in custody since 20.11.2017. Similarly situated co-accused Surendra Paswan has been enlarged on bail by the learned lower Court.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No.185 of 2017.
(Prakash Chandra Jaiswal, J) Trivedi/- U T