Patna High CourtCR. MISC./64471/2023bail granted

Niranjan Kumar v. The State Of Bihar

2023-10-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64471 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== NIRANJAN KUMAR Son of Shiv Shankar Prasad Singh @ Shashi Shekhar Pd. Singh @ Shanichar Singh Resident of Village-Bath, P.S.-Bath, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sourendra Pandey For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and Mr. Syed Mojibur Rahman learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 03.03.2023 in connection with Lakhisarai P.S. Case No. 163/2023 registered for the offence punishable under Sections 394/395/412/ of the Indian Penal Code and Section 25(1-b) A, 26 and 35 of the Arms Act.

3. As per the prosecution case, the allegation against four unknown miscreants is that they assaulted the informant and looted total cash of Rs. 4,50,000/- and fled away. It is further alleged that on the basis of the confessional statement, the petitioner was apprehended.

Patna High Court CR. MISC. No.64471 of 2023(2) dt.11-10-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner further submits that the petitioner is not named in the F.I.R., his name surfaced in the confessional statement of the co-accused Mithilesh Kumar which has no evidentiary value. Petitioner has clean antecedent.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for grant of bail.

6. In view of the aforementioned facts and circumstances, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Lakhisarai P.S. Case No. 163/2023.

7. The petitioner is directed to mark his attendance before the Bath Police Station on the first Sunday of every month.

(Sandeep Kumar, J) Saif/- U T