Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49210 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- MAHUA District- Vaishali ====================================================== NEERAJ KUMAR SON OF BALINDER PASWAN RESIDENT OF VILLAGE- RAJASAN, PS- BIDUPUR, DISTT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Mahua P.S. Case No. 35 of 2023 dated 26.01.2023 registered for the offences punishable u/s 307 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, three unknown miscreants are alleged to have fired on the husband of the informant, while the informant, her husband and children were going to the house of her brother-in-law.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.49210 of 2023(2) dt.17-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner surfaced on the basis of confessional statement of the co-accused Bablu Kumar. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 07.07.2023 passed in Cr. Misc. No. 35354 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Mahua P.S. Case No. 35 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T