Patna High CourtCR. MISC./76705/2018bail granted

Niraj Kumar v. The State Of Bihar

2019-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76705 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Niraj Kumar Son of Pradip Sharma, Resident of Village- Tiuri, P.S.- Manpur, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Prasad For the Opposite Party/s :

Mr.Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 395 and 412 of the Indian Penal Code.. The prosecution case in short is that the accused persons apprehended the vehicle of the informant whereafter they sat inside the vehicle and thereafter on the point of pistol looted the vehicle but later were apprehended by the police. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.3.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. The petitioner has remained in custody for more than a year.

Patna High Court CR. MISC. No.76705 of 2018(4) dt.12-04-2019 2/2 Other co-accuseds have been granted bail vide orders dated 24.1.2019, 1.2.2019 and 26.2.2019 and passed in Cr. Misc. Nos. 75786 of 2018, 5811 of 2019 and 11961 of 2019 respectively. On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 135/18.

(Sudhir Singh, J) Pankaj/- U T