Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85374 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- Piplawa District- Patna ====================================================== Niraj Kumar Son of Akhilesh Prasad @ Akhilesh Rai R/O Village- Sarari, P.S.- Piplawan, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Arun, Advocate Mr. Rajiv Ranjan, Advocate Mr. Anil Kumar, Advocate Mr. Chittaranjan Prasad,Advocate Mr. Ram Naresh Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Piplawan (Pitwas) P.S. Case No. 96 of 2025 dated 01.07.2025, registered for the offences punishable under Sections 126(2), 127(2), 115(2), 118(1), 109(1), 352, 351(2) and 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

03. As per the prosecution case, the petitioner and other co-accused persons assaulted the elder brother of the informant and when the father of the informant tried to save him, he was also assaulted and a number of injuries were caused to all the three persons, i.e., informant, his father and his elder

Patna High Court CR. MISC. No.85374 of 2025(2) dt.10-12-2025 2/3 brother. The occurrence took place in the background of threat extended by the co-accused persons to withdraw the case filed by the informant's side.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing about the previous case has been mentioned. The informant is not an eyewitness and it appears that he subsequently reached the spot. The statement of the father of the informant was not recorded, though he appears to be an eyewitness. There was no intention to cause death and though there is allegation that the assailants were carrying fire-arms, none of them used the same. Learned counsel further submits that the petitioner is a man of clean antecedent. The petitioner is in custody since 18.08.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is

Patna High Court CR. MISC. No.85374 of 2025(2) dt.10-12-2025 3/3 directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Danapur, Patna / concerned Court, in connection with Piplawan P.S. Case No. 96 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T