Niraj Kumar @ Bihari @ Naveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59736 of 2023 Arising Out of PS. Case No.-252 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Niraj Kumar @ Bihari @ Naveen Kumar Son Of Sitablal Paswan Village Chehra Kala Ps Goraul District Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar For the Opposite Party/s :
Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 379 of the Indian Penal Code.
3. Petitioner is said to have assaulted the informant with pistol over his right eye due to which he became badly injured.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place on 05.06.2023 but the FIR has been lodged on 15.06.2023 after delay of 10 days without explaining any reasonable cause of delay. He submits that all the sections are bailable in nature except Section 379 of the Indian Penal Code. He submits that though in the occurrence
Patna High Court CR. MISC. No.59736 of 2023(4) dt.05-03-2024 2/2 injury was found but police has not registered the case under 307 of the IPC. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Goraul (Kathara O.P.) P.S. Case No. 252 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T