Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61226 of 2019 Arising Out of PS. Case No.-419 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== NEERAJ KUMAR Son of Devendra Sah Resident of Village - Rook Manzari, P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 19.06.2019 in connection with Ahiyapur P.S. Case No. 419 of 2019 for the offence registered under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the first information report is against unknown persons but the name of the petitioner has surfaced on the basis of the confessional statement made before the police by co-accused

Patna High Court CR. MISC. No.61226 of 2019(2) dt.05-11-2019 2/3 Prince Kumar Singh, which has no evidentiary value. It is further submitted that the petitioner has not been placed on T.I. Parade till date. It is further submitted that co-accused Prince Kumar Singh has since been extended the privilege of bail in Cr. Misc. No. 41729 of 2019 vide order dated 25.06.2019. It is further submitted that so far as antecedents are concerned, the petitioner has been granted bail in those two cases. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzuffarpur in connection with Ahiyapur P.S. Case No. 419 of 2019, subject to the following conditions :-

1. One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.

2. The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

3. The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court CR. MISC. No.61226 of 2019(2) dt.05-11-2019 3/3

4. The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Jagdish/- U T