Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64057 of 2024 Arising Out of PS. Case No.-204 Year-2024 Thana- KALYANPUR District- East Champaran ====================================================== Niraj Kumar Son of Kapal Yadav Resident of Village - Yamunapur, P.S. - Kalyanpur, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kalyanpur P.S. Case No. 204 of 2024 dated 04.07.2024 registered for the offences punishable u/s 309(5) and 109 of Bhartiya Nyaya Sanhita and Section 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, on 04.07.2024 at about 4:00 P.M. the informant was returning to his office after collecting money from all the center meeting. In the meantime, the petitioner and the co-accused persons surrounded the informant and tried to snatch the informant's money bag, mobile and motorcycle and all the accused persons assaulted the

Patna High Court CR. MISC. No.64057 of 2024(2) dt.05-10-2024 2/3 informant. On hulla made by the informant, all the accused were apprehended by the villagers along with their motorcycle. On being searched by the villagers, one bullet and one knife were recovered from the possession of the petitioner and one loaded country made pistol was recovered from the possession of the co-accused Nabi Alam and one bullet was recovered from the possession of the co-accused Aniket Singh.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.64057 of 2024(2) dt.05-10-2024 3/3 concerned, East Champaran, in connection with Kalyanpur P.S. Case No. 204 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T