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Patna High CourtCR. MISC./9986/2021bail granted

Neeraj Kumar @ Neeraj Patel v. The State Of Bihar

2021-06-08Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9986 of 2021 Arising Out of PS. Case No.-296 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== Neeraj Kumar @ Neeraj Patel S/o Mohan Patel R/o Village- Chanpatiya Bajrang Chowk, Bhola Tola, Ward No. 07, P.S.- Chanpatiya, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Chanpatia P.S. Case no. 296 of 2020 registered under sections 307, 341, 323, 385, 387 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the F.I.R., it is stated by the informant that about a month back co-accused Abhyash Singh had made a demand of Rs.5 lacs by way of randari. It is stated that with respect to the said demand, on the date of occurrence, while the informant was going with his son, Abhyash Singh and others came on motorcycle and Abhyash Singh fired hitting on his son's left hand as a result of which his son was seriously

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It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. nor has he any concern with co-accused Abhyash Singh. The name of the petitioner transpired in course of investigation on the confessional statement of co-accused Kunal Kumar Pandey. From perusal of the F.I.R. the allegation of firing is solely against co-accused Abhyash Singh. The petitioner is in custody since 24.6.2020 and has not been put on T.I. parade. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the allegations in the F.I.R. together with the period in custody, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Chanpatia P.S. Case no. 296 of 2020 on furnishing bail bond of Rs.10,000/ (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran. (Partha Sarthy, J) Bibhash U

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