Neeraj Kumar @ Neeraj Kumar Yadav @ Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44745 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- RAGHOPUR District- Supaul ====================================================== Neeraj Kumar @ Neeraj Kumar Yadav @ Niraj Kumar son of Sri Sudhir Prasad Yadav village- Satan Patti, ps- Ratanpura, Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP For the Informant :
Mr. Shankar Kumar Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Raghopur (Supaul) P.S. Case No. 138 of 2025 instituted for the offences under Sections 309(5), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case is that while returning home on motorcycle, the informant and his brother were chased and attacked near Darhara Temple, where accused persons fired thrice on his brother causing serious injuries. One assailant, Niraj Kumar Yadav (petitioner herein), was apprehended by villagers at the spot, who disclosed the names of his absconding
Patna High Court CR. MISC. No.44745 of 2025(3) dt.17-09-2025 2/3 companions as Jeewach Kumar and Kundan Kumar.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the alleged incident. Learned counsel further submitted that the allegation of firing is general and omnibus in nature, however, during course of investigation it has cropped that co-accused Kundan fired on the informant's brother. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.04.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, no direct allegation of firing being attributed to this petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.44745 of 2025(3) dt.17-09-2025 3/3 below/concerned Court in connection with Raghopur (Supaul) P.S. Case No. 138 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T