Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82996 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Niraj Kumar Son of Rajendra Sutihar @ Rajendra Kumar Sharma @ Rajendra Sharma Resident of Village- Gopalpur Ward No. 4, P.S. - Bhaptiyahi, DistrictSupaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with S.T. No. 81 of 2024 arising out of Bhaptiyahi P.S. Case No. 65 of 2023, lodged on 01.06.2023, under Section 394 of the Indian Penal Code and under Sections 25(1-b)a, 26, 35 & 27 of the Arms Act. Subsequently, Section 302 of the IPC was also added.
3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 24.04.2024 passed in Cr. Misc. No. 13420 of 2024 with a liberty to renew his prayer for bail six months after framing of charge. Counsel further submits that charge was framed in this case on 15.03.2024 and out of total six witnesses, three witnesses have already been examined, who has not disclosed anything about the present petitioner. Counsel further
Patna High Court CR. MISC. No.82996 of 2024(3) dt.19-03-2025 2/2 submits that the criminal antecedent of the petitioner is not clean, there is one criminal case pending against him under the Arms Act in which he is on bail. The petitioner is in custody since 28.07.2023.
4. Learned Counsel for the State opposes the prayer for bail and submits that liberty was granted to the petitioner to renew his prayer for bail six months after framing of charge and more than six months have already been lapsed from the date of framing of charge.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of A.D.J. IV, Supaul, in connection with S.T. No. 81 of 2024 arising out of Bhaptiyahi P.S. Case No. 65 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.
(Dr. Anshuman, J) Aman Kumar/- U T