Niraj Kumar @ Niraj Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44773 of 2017 Arising Out of PS.Case No. -663 Year- 2016 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Niraj Kumar @ Niraj Kushwaha, son of Kamata Kushwaha, Resident of Muhalla- Anaith, P.S.- Arrah- Nawada, District- Bhojpur (Ara). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mithilesh Kumar Rai For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Ara Nawada P.S.case No.663 of 2016 registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Petitioner is named in the FIR and the case is under Section 302 of the IPC.

Submission of the learned counsel for the petitioner is that he has been made accused in this case only on the basis of confession of the co-accused, nothing has been recovered from his possession and he is in custody for about ten months. It is further submitted that the petitioner was not there in disposing of the dead body.

Patna High Court Cr.Misc. No.44773 of 2017 (3) dt.06-11-2017 2/2 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Arrah in connection with Ara Nawada P.S.Case no.663 of 2016 dated 2.12.2016. With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T