Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77437 of 2025 Arising Out of PS. Case No.-304 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== Niraj Kumar S/o Ashok Kumar R/o Village- Mandra, P.S- Chanderdeep, DistJamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Chandra, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Halsi P.S. Case No. 304 of 2024 instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, some unknown miscreants intercepted the informant and looted his motorcycle on the point of pistol.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the

Patna High Court CR. MISC. No.77437 of 2025(2) dt.12-11-2025 2/3 FIR. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused person but the same has got no evidentiary value. It is further submitted that neither any recovery has been made from the possession of the petitioner nor any T.I. parade has been conducted in this case. The recovery of motorcycle has been made from co-accused Nitish Kumar. The petitioner is in custody since 13.05.2025 and has got four criminal antecedents.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Halsi P.S. Case No. 304 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.77437 of 2025(2) dt.12-11-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T