Nirala Kumar @ Nawal @ Nawalal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46082 of 2024 Arising Out of PS. Case No.-916 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Nirala Kumar @ Nawal @ Nawalal Son Of Nawin Mandal Resident Of VillOghwa Pokhar, P.S.- Kavaiya, District- Lakhisarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Ravish, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Lakhisarai (Kavaiya Out Post) Police Station Case No. 916 of 2023 registered for the offence punishable under Sections 341, 307, 326 and 302 of the IPC and Section 25 (1-b) A/ 26 / 27 of the Arms Act.

3. As per the prosecution case, co-accused, namely, Ashish Choudhary @ Chhotu on account of previous land dispute shot at the brothers of the informant and his family members and assuming them to be dead, co-accused ran away from the place of occurrence resorting firing and during course of treatment three persons died.

4.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next

Patna High Court CR. MISC. No.46082 of 2024(3) dt.08-10-2024 2/2 submits that nothing has been recovered from the conscious possession of the petitioner and he is not named in the FIR. He further submits that the petitioner has got clean antecedent as stated in para 3 of the bail application. He next submits that the petitioner is in custody since 11.04.2024, and there is no direct or indirect evidence against the petitioner. Similarly situated coaccused persons have already been granted bail by this Court passed in Cr. Misc. No. 17999 of 2024 dated 14.03.2024 and Cr. Misc. No. 21497 of 2024 dated 19.04.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the petitioner, above named, be directed to be released on bail in connection with Lakhisarai (Kavaiya O.P.) P.S. Case No. 916 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai. (Ramesh Chand Malviya, J) saurabhkr/- U T