Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70926 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- LAXMIPUR District- Jamui ====================================================== Niraj Kumar, S/o Anil Das, R/o Village- Mogalba, P.S.- Laxmipur, Dist.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Laxmipur P.S. Case No. 202 of 2024 dated 07.06.2024, instituted for the offence punishable under Sections 394 of the Indian Penal Code.
3. As per the prosecution case, when the informant was going to Anantpur Bank from Teljhari, on his way, some persons came on a car having covered their face out of whom two persons started assaulting the informant with stick. When informant's colleague came to rescue him, two persons came out of the car and one of them put the gun on informant's head and snatched informant's mobile, key of bike and Rs. 17,750/- cash etc. Thereafter, they fled away.
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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the FIR was registered against unknown persons. During the course of investigation, three persons namely, Bipin Kumar Das, Sajan Kumar Das and Mithun Das were arrested who disclosed that the petitioner had played the role of liner in the alleged crime. Except confessional statement of co-accused persons, there is no material against the petitioner to connect him in the present case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner. It is next submitted that similarly situated co-accused person namely, Lalan Das @ Lalan has been granted bail vide order dated 20.06.2025 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 33973 of 2025. Lastly, it has been submitted that petitioner has two criminal cases against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Laxmipur P.S. Case
3/4 No. 202 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge VI, Jamui subject to condition as laid down under Section 482(2) of the B.N.S.S as also to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area
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