Niraj Kumar @ Niraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52122 of 2022 Arising Out of PS. Case No.-380 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== Niraj Kumar @ Niraj Yadav Son of Ram Babu Yadav Resident of Village - Ibrahimpur, P.S.- Ara Town, District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarva Deo Singh For the Informant : Mr. Md. Ataul Haque For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.
Prosecution case in brief is that all the FIR named accused persons killed the son of informant.
It is submitted that petitioner is not named in the FIR. Even the informant who claimed to be the eye-witness of the occurrence has not named this petitioner. During course of investigation name of this petitioner transpired in this case on the basis confessional statement of co-accused. Save and except confession of co-accused there is no material against this
Patna High Court CR. MISC. No.52122 of 2022(2) dt.19-12-2022 2/2 petitioner. Petitioner claims clean antecedent. Counsel for informant however vehemently opposed the prayer for bail.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, 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, Bhojpur, Ara in connection with Ara Town P.S. Case No. 380 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T