Neeraj Kumar @ Neeraj Kumar Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.24934 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24934 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ====================================================== Neeraj Kumar @ Neeraj Kumar Sharma Son of Ram Naresh Sharma, Resident of Village- Raipur Khanwa, P.S.- Ujiarpur, District- Samatipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Sachin Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-07-2017 Heard learned Sr. Counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with National Highway Bangra P.S. Case No. 100 of 2016 registered for the offences punishable under Sections 115, 120B, 414 of the Indian Penal Code and Sections 2(1-B)A, 26/35 of the Arms Act. Allegedly, a conspiracy has been hatched up to kill the Mukhiya Laxmi Devi and amount of Rs. 1,00,000/- cash was paid, thereafter, from the house of the petitioner Rs. 95,000/- cash was recovered in absence of the petitioner as the petitioner had gone for treatment to Delhi. The key of almirah was given by Nitesh Kumar.

Submission is of false implication and that with vague allegation the FIR has been instituted, main accused Pankaj

Patna High Court Cr.Misc. No.24934 of 2017 (2) dt.14-07-2017 Kumar has already been allowed pre-arrest bail vide Cr. Misc. No. 19013 of 2017 by another co-ordinate Bench of this Court, nothing was recovered in presence of the petitioner, the petitioner has got no concern, he is getting treatment at Delhi and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering that co-accused Pankaj Kumar has been allowed prearrest bail by another co-ordinate Bench of this Court, the petitioner above named, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 5th Samastipur in connection with N. H. Bangra P.S. Case No. 100 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T