Patna High CourtCR. MISC./84936/2024bail granted

Niraj Kumar @ Golu v. The State Of Bihar

2024-12-17Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84936 of 2024 Arising Out of PS. Case No.-534 Year-2024 Thana- RUPASPUR District- Patna ====================================================== Niraj Kumar @ Golu S/o Ashok Choudhary RO Village- Jhakhari Mahadeo Gola Road, PS- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Chaudhary, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rupaspur P.S. Case No. 534 of 2024, instituted for the offences punishable under Sections 304 and 112(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, two unknown miscreants snatched the mobile phone of the informant and fled away from the spot.

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.84936 of 2024(2) dt.17-12-2024 2/2 FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Abhishek Singh and the same has got no evidentiary value. It is further submitted that no T.I. parade has been conducted in this case. No specific allegation has been attributed against the petitioner. The petitioner is in custody since 12.09.2024 and has got three criminal antecedents in which he is on bail in two cases.

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 and taking into account 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 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rupaspur P.S. Case No. 534 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T