Neeraj Kumar @ Neeraj Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46249 of 2022 Arising Out of PS. Case No.-349 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== NEERAJ KUMAR @ NEERAJ GIRI SON OF SHYAM GIRI R/O VILLAGE- MAJHOLIA, WARD NO. 9, P.S.- BATHANA, DIST.- SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ayush Kumar, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Bathnaha PS case no. 349 of 2021 instituted for the offences punishable under Section 395 of Indian Penal Code. The allegation is regarding 05 unknown miscreants having arrived at the house of the informant, whereafter they had committed loot and taken away 05 tola gold, 250 gm silver and cash amount of Rs. 21,000/-.
The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 03.03.2022. The learned counsel for the petitioner has further submitted that though the petitioner is accused in one other case but he is on bail in the
Patna High Court CR. MISC. No.46249 of 2022(2) dt.16-12-2022 2/3 said case. It is further submitted that no looted articles have been recovered from the petitioner and moreover, no test identification parade has been held so as to connect the petitioner with the alleged crime and his name has transpired in the present case upon the confessional statement made by the co-accused persons namely Ashok Sah and Kamlesh Giri. It is further submitted that accused Kamlesh Giri has already been granted bail by a co-odinate Bench of this Court vide order dated 05.12.2022, passed in Cr. Misc. no. 44891 of 2022. It is also submitted that one another co-accused person namely Amar Giri has also been granted bail by a co-ordinate Bench of this Court vide order dated 14.10.2022, passed in Cr. Misc. no. 34500 of 2022. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by co-ordinate Benches of this Court, I deem it fit and appropriate to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.46249 of 2022(2) dt.16-12-2022 3/3 (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha PS case no. 349 of 2021. (Mohit Kumar Shah, J) rinkee/- U T