Niraj Kumar @ Nepali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7549 of 2021 Arising Out of PS. Case No.-290 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== NIRAJ KUMAR @ NEPALI UPENDRA SINGH LODIPUR CHANDI BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kr. No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Udwantnagar P.S. Case No.290 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, son of the informant has been killed by some unknown persons and from the place of

Patna High Court CR. MISC. No.7549 of 2021(2) dt.03-06-2021 2/3 occurrence deadbody of her son was found along with some empty cartridges.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-accused Pawan Choudhary and Ranjeet Choudhary have been granted bail by different co-ordinate Benches of this court vide Cr. Misc. No.51054 of 2018 and Cr. Misc. No.39201 of 2019 dated 31.08.2018 and 02.07.2019 respectively. The petitioner has no criminal antecedent and has been languishing in custody since 29.01.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.7549 of 2021(2) dt.03-06-2021 3/3 connection with Udwantnagar P.S. Case No.290 of 2017. (Anjani Kumar Sharan, J) pallavi/- U T