Niranjan Yadav @ Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3881 of 2021 Arising Out of PS. Case No.-403 Year-2017 Thana- NATHNAGAR District- Bhagalpur ====================================================== NIRANJAN YADAV @ NIRANJAN KUMAR S/o Sri Mani Prasad Yadav @ Nunmani R/o Village- Devi Mandap Lane, Chakai Niyamatpur, P.S.- Nath Nagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-06-2021 Heard learned counsel for the petitioner and the State through virtual mode.

The petitioner seeks bail in a case for the offence registered under Section 364A and 34 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that the victim in his statement recorded under Section 161 Cr.P.C. before the police named the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-12-2017. Charge has been framed in the case and the victim has been examined in course of the trial. The victim is P.W. 4 and in his deposition, he has stated that he had neither identified nor named any of the

Patna High Court CR. MISC. No.3881 of 2021(3) dt.30-06-2021 2/2 accused before the police. Similarly, the informant (P.W. 3) has also retracted from his earlier statement made in the FIR. The deposition of witnesses are Annexure-3 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, be released on bail on his personal bond to the satisfaction of learned Additional Sessions Judge-Ist, Bhagalpur in connection with Sessions Trial No. 235 of 2018 arising out of Nath Nagar (Madhusudanpur) P.S. Case No. 403 of 2017.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T