Patna High CourtCR. MISC./85755/2024bail granted

Raja Kumar v. The State Of Bihar

2025-02-14Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85045 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Nagmani Mahto S/o Jay Prakash Mahto Resident of Vill- Kumbhi Patolia Dera, P.S. - Cheriya Bariyarpur, Distt.- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85755 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Raja Kumar S/o- Sanjay Jayswal @ Sanjay Choudhari Resident of villageBariyarpur West PS-Khodawandpur District- Begusarai Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86315 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Nitesh Kumar @ Aryan Kumar Singh @ Nitish Kumar Son of Ram Jeevan Mahto Resident of Village- Chakwa, P.S.- Khodawandpur, Distt.- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 85045 of 2024) For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 85755 of 2024) For the Petitioner/s :

Mr. Bhubneshwar Mahto, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 86315 of 2024) For the Petitioner/s :

Mrs. Namita Sharma, Advocate Mr. Anshu Dhar Sharma, Advocate

Patna High Court CR. MISC. No.85045 of 2024(2) dt.14-02-2025 2/3 For the State :

Mr. Anant Kumar 1, A.P.P.

For the Informant :

Mr. Adarsh, Advocate Mr. Uday Kumar Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-02-2025 Heard learned Counsels' for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Cheriya Bariyarpur P.S. Case No. 40 of 2024 registered for the offences punishable under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation, the informant along with his sons was returning to his home by Scorpio vehicle. In the way, the accused persons including the petitioners started chasing and firing upon them with intention to kill.

4. Learned Counsels' for the petitioners have submitted that the petitioners are innocent and have falsely been implicated. It is true that they have a criminal history but in the present case, nothing emerged against them during investigation. The allegation is falsified itself because there is allegation of indiscriminate firing but none has suffered any kind of injuries. The petitioner, namely, Nagmani Mahto is under custody since 03.07.2024 and the petitioners, namely, Raja Kumar and Nitesh Kumar @ Aryan Kumar Singh @ Nitish

Patna High Court CR. MISC. No.85045 of 2024(2) dt.14-02-2025 3/3 Kumar are under custody since 02.07.2024.

5. On the other hand, the learned APP for the State opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Mahnjhaul, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 40 of 2024, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

7. Before accepting the bail bond of the petitioners, the learned court below shall verify their criminal antecedents and if it is found that they are involved in any other case except those which have been mentioned in paragraph number-3 of their respective bail petitions, their bail bond shall not be accepted.

(Nawneet Kumar Pandey, J) Neha/- U T