Niraj Kumar Mishra @ Niraj King v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64900 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== Niraj Kumar Mishra @ Niraj King Son of Kalicharan Mishra R/O- VillageKharajpur, Ward No. 11, Near Shiv Mandir, P.S.- Bahadurpur,Distt.- Darbhanga,Bihar, PIN-846003 ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 62945 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== Niraj Kumar Jha Son Of Anil Kumar Jha Resident Of Village- Kharajpur (Taliya Bandh), Ward No.10, P.S.- Bahadurpur District- Darbhanga ... ... Petitioner

Versus

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

(In CRIMINAL MISCELLANEOUS No. 64900 of 2024) For the Petitioner :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party :

Mr. Surendra Kumar, APP For the Informant :

Mr. Surendra Kishore Thakur, Advocate Mr. Subodh Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 62945 of 2024) For the Petitioner :

Mr. Baidya Nath Thakur, Advocate For the Opposite Party :

Mr. Uma Shankar Prasad Singh, APP For the Informant :

Mr. Surendra Kishore Thakur, Advocate Mr. Subodh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

These applications for grant of regular bail arises out of Pupari P.S. Case No.92 of 2024 registered for the

Patna High Court CR. MISC. No.64900 of 2024(4) dt.07-02-2025 2/3 offence punishable under Section 363 of the Indian Penal Code. Subsequently, sections 364, 302 and 201/34 of the Indian Penal Code was also added.

3.

The allegation against the petitioners and other accused persons is that they conspired and killed the son of the informant because the son of the informant (deceased) was sending nude photographs of his cousin sister to her husband with whom the deceased had illicit relationship. 4.

Apart from confessional statement, there is no evidence against the petitioners. The petitioner are in custody since 22.04.2024.

5.

Learned counsel for the informant has vehemently opposed this bail application and has submitted that the prayer of the co-accused Rajiv Kumar Mishra has been rejected by this Court vide order dated 25.09.2024 passed in Criminal Miscellaneous No.57411 of 2024 and these petitioners do not deserve bail.

6.

Considering the fact that there is no evidence against the petitioners of having participated in the crime except the confessional statement, this application is allowed. 7.

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

Patna High Court CR. MISC. No.64900 of 2024(4) dt.07-02-2025 3/3 each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Pupari, District- Sitamarhi/ Chief Judicial Magistrate, Sitamarhi, in connection with Pupari P.S. Case No.92 of 2024, subject to the condition that they will cooperate in the trial.

(Sandeep Kumar, J) pawan/- U T