Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71778 of 2022 Arising Out of PS. Case No.-88 Year-2021 Thana- SARMERA District- Nalanda ====================================================== Niraj Kumar S/O Triloki Yadav R/O Village- Isna Beldariya, P.S- Sarmera, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Sarmera P.S. Case No.88 of 2021 registered for the offence under Sections 302/34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 05.06.2021.
The allegation against the petitioner is to commit murder of the brother of the informant alongwith other coaccused persons by causing firearm injuries, where occurrence arises out of blockage of drainage.
Learned counsel appearing on behalf of the petitioner submitted that the informant not appears eye-witness of the occurrence and it is highly improbable that for such a trivial
Patna High Court CR. MISC. No.71778 of 2022(4) dt.07-07-2023 2/3 issue as raised through the present F.I.R., a person can commit murder, who is otherwise a man of clean antecedent. It is also submitted that allegation of assault is also available against other co-accused persons. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that there is no reason to disbelief the version of informant being eye-witness of the occurrence. It is submitted that allegation to cause fatal firearm injury is specific against petitioner, which further corroborates with the postmortem report. Learned APP further submitted that several other eye-witnesses, during the course of occurrence, stated that death of brother of informant was caused by this petitioner, causing firearm injuries.
In view of the facts and circumstances as mentioned above, and by taking note of the fact as specific allegation of causing fatal firearm injury is available against this petitioner, where there is no apparent reason to disbelieved informant as an eye-witness of the occurrence, this Court is not inclined to grant privilege of bail to the petitioner, at present.
Patna High Court CR. MISC. No.71778 of 2022(4) dt.07-07-2023 3/3 Accordingly, the prayer for bail of the petitioner is rejected herewith.
The learned Trial Court is directed to conclude the trial, preferably, within a period of 06 (six) months from the date of receipt of this order, by taking this matter on board, on dayto-day basis, if required. (Chandra Shekhar Jha, J.) S.Tripathi/- U T