Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77214 of 2024 Arising Out of PS. Case No.-15 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== Niraj Kumar Son of Dinesh Prasad Singh Resident of Village - Rupwara, P.S. - Hiramma, District - Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Prakash Sahay For the State :
Mr. Md. Mushtaque Alam For the Informant :
Mr. Devendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.
3. Earlier by order dated 21.08.2024 passed in Cr. Misc. No. 33814 of 2024, the prayer for regular bail of the petitioner was rejected with a liberty to renew his payer for bail after framing of charge. Now, he has renewed his prayer for bail.
4. As per the prosecution case, the petitioner is said to have shot dead the father of the informant.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.77214 of 2024(3) dt.13-12-2024 2/3 no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He submits that the charges have been framed against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 05.08.2024.
6. Learned APP for the State as well as learned counsel for the informant opposed the bail petition.
7. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sheohar P.S. Case No.15 of 2023, subject to the following conditions : (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his
Patna High Court CR. MISC. No.77214 of 2024(3) dt.13-12-2024 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.
(Anjani Kumar Sharan, J) anand/- U T