Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64790 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== Raj Kumar @ Raj Singh @ Raju Singh Son Of Ram Ji Prasad Singh R/O Village- Aadharpur Ward No.-12, P.S.- Samastipur Mufassil, DistrictSamastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that while the informant was coming on his motor-cycle, two miscreants tried to stop him. When the informant did not stop, they shot fire which hit upon informant's leg. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.64790 of 2022(2) dt.24-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The name of the petitioner sprang up in this case on the basis of confessional statement of co-accused Chandradeep Kumar, before the police, which has no evidentiary value in the eye of law. Petitioner has not been put on T.I.P. It is also submitted that petitioner is languishing in judicial custody since 3.6.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dalsinghsarai P.S. Case No. 84 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.64790 of 2022(2) dt.24-02-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. I, Dalsinghsarai, Samastipur.

(Sunil Kumar Panwar, J) nirajkrs/- U T