Patna High CourtCR. MISC./49340/2025bail granted

Niraj Kumar v. The State Of Bihar

2025-09-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49340 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- MANIYARI District- Muzaffarpur ====================================================== Niraj Kumar Son of Raghu Nath Sah village - Baghi Bishunpur Madho, P. S - Maniyari, District - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 52285 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- MANIYARI District- Muzaffarpur ====================================================== Suraj Kumar S/o Late Prabhu Ram R/o Village- Damodarpur, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 49340 of 2025) For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP (In CRIMINAL MISCELLANEOUS No. 52285 of 2025) For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary.

2. The petitioners seek bail in connection with Maniyari P.S. Case No. 44 of 2025, instituted for the offences punishable under Sections 191(2), 191(3), 190, 109, 352, 351(2), 61(2), 111, 3(5) of the Bharatiya Nyaya Sanhita, 2023,

Patna High Court CR. MISC. No.49340 of 2025(3) dt.25-09-2025 2/3 read with Sections 27 of the Arms Act, Sections 3 and 4 of the Explosive Substance Act.

3. The prosecution case, in short, is that 13-14 miscreants went to informant's doorstep, exploded bomb, fired at his car and also hurled bombs with an intention to kill.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners are in custody since 15.04.2025 and have got two criminal antecedents.

5. In Cr. Misc. No. 49340 of 2025, learned counsel for the petitioner submits that the petitioner was not arrested on the spot. Name of the petitioner has transpired in this case in course of investigation. It is further submitted that both the parties are co-villagers. The petitioner is in custody since 15.04.2025 and has got two criminal antecedents.

6. In Cr. Misc. No. 52285 of 2025, learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused person and the same has got no evidentiary value. It is further submitted that no T.I.

Patna High Court CR. MISC. No.49340 of 2025(3) dt.25-09-2025 3/3 parade has been conducted in this case.

7. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

8. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

9. Let the petitioners be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maniyari P.S. Case No. 44 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Rajorshi/- U T