Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58051 of 2025 Arising Out of PS. Case No.-308 Year-2024 Thana- MANIYARI District- Muzaffarpur ====================================================== Niraj kumar S/O Raghu Nath Sah R/O Village- Baghi Bishunpur Madho, Ward No.- 12, P.S- Maniyari, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Maniyari P.S. Case No. 308 of 2024, registered for the offences under Sections 109, 61(2), 3(5) of the BNS and Section 27 of the Arms Act.

3. As per the prosecution case, petitioner and other coaccused persons exploded bombs and opened fire upon the house of the informant in order to terrorize him. One spent cartridge was seized from the spot.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been

Patna High Court CR. MISC. No.58051 of 2025(2) dt.27-08-2025 2/3 recovered from his person or possession. The whole prosecution story is false and fabricated. From the FIR it appears there is previous enmity between co-accused Mohd. Arif and the petitioner. There is no material to connect the petitioner with the offences as alleged except for the statement of informant. The petitioner is having antecedent of two cases and one case was lodged by the informant side. The petitioner is in custody since 14.05.2025 and charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the vague and doubtful nature of allegation against the petitioner and also considering submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, Muzaffarpur/concerned court, in connection with Maniyari P.S. Case No. 308 of 2024, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close

Patna High Court CR. MISC. No.58051 of 2025(2) dt.27-08-2025 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T