Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56580 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- Shahpur P.S. District- Nawada ====================================================== Niraj Kumar S/o- Late Kishori Prasad Singh Village- Karnaut PSBakhtiyarpur Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56817 of 2025 Arising Out of PS. Case No.-14 Year-2025 Thana- Shahpur P.S. District- Nawada ====================================================== Shashi Raj S/o Sunil Kumar R/o Village- Mogalchak, PS- Belchhi, DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 56580 of 2025) For the Petitioner/s :
Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP (In CRIMINAL MISCELLANEOUS No. 56817 of 2025) For the Petitioner/s :
Mr.Sandeep Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-11-2025 Heard the parties.
2. The petitioners are in judicial custody in connection with Shahpur P.S. Case No. 14 of 2025 for the offence punishable under Sections 109, 309(4), 324(4), 3(5) of the Bhartiya Nayay Sanhita, 2023 and section 27 of the Arms Act lodged on 27.01.2025 by the informant, Sarwar Ali.
Patna High Court CR. MISC. No.56580 of 2025(3) dt.15-11-2025 2/3
3. As per the prosecution story, the allegation is that informant was given Rs. 19 lakh from his brother, Imran Ali for purchase of cattle. He was moving on a Bolero alongwith others towards the cattle market near Shahpur and as they reached the 'Hat', the bag containing the money was kept in the vehicle and was locked. Later, they heard the sound of firing and came to know that the accused by filing undiscriminating broke the window glass of the vehicle and the bag was taken away. In the process, the driver was also shot at by them. The cattle owner called the Police and took the driver to the Primary Health Centre for treatment. This followed the FIR.
4. In this case, case diary was called for and the same is on record.
5. Learned APP has taken this Court to different paragraphs of the case diary to show that the accused persons were sighted in the different CCTV by the Police and finally it took them Nehru Nagar, Tulshi Path, Ashiana Boys Hostel as also Dolphin Boys Hostel. The motorcycles which were used in the alleged act were present there and upon search from the rooms, number of mobile phones and other indiscriminate items were were recovered/seized.
6. The Police demanded CCTV footage from the
Patna High Court CR. MISC. No.56580 of 2025(3) dt.15-11-2025 3/3 owner and upon recovery of the same, it, it was found that the petitioner was the person who ensured that all those boys escaped from the Hostel when the Police arrieved there. He was picked up and on disclosure, They were picked up and taken to the Bairya Bus Stand and on identification, one Shashi Raj was arrested. It is to be noted that Shashi Raj played an important role in the said loot.
7. Learned counsel for the petitioners submit that they have no role to play in the said act.
8. This Court has heard the parties and gone through the case diary. In a daring act, after indiscriminate firing, the bag containing huge amount was looted and in the process, the driver was also injured. When the Police on clue, reached the place, the accused persons were present. However, Niraj Kumar facilitated their escape, Shashi Raj was later apprehended at petitioners behest. In that background, for the present, this Court is not inclined to them the privilege of bail which is accordingly rejected.
(Rajiv Roy, J) Ravi/- U T