Patna High CourtCR. MISC./2672/2024bail granted

Nikku Kumar@ Nippu Kumar@ Rocky Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2672 of 2024 Arising Out of PS. Case No.-129 Year-2020 Thana- DHANARUA District- Patna ====================================================== Nikku Kumar@ Nippu kumar@ Rocky Kumar s/o Binay Singh @ Baigan vill.-Mahamadpur, P.s.- Dhanarua, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhanarua P.S. Case No. 129 of 2020 registered for the offence under Section 341, 342, 323, 324, 307, 34 of the Indian Penal Code.

3. As per the FIR, one Bhim Kumar is the assailant of the deceased but during investigation one independent witness namely Sanjeev Kumar has said that the petitioner had shot the deceased.

4. Learned counsel for the petitioner submits that the deceased is the mother of the petitioner and he his innocent and has committed no offence as has been alleged against him. It has further been submitted by the learned counsel for the petitioner that the FIR was registered on 10.04.2020 and the name of the petitioner has come for the first time on 15.04.2020, after a delay of five days.

Patna High Court CR. MISC. No.2672 of 2024(2) dt.24-01-2024 2/2

5. It is also submitted by the learned counsel for the petitioner that the petitioner is in jail since 04.07.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail.

7. Considering the fact that the petitioner is not the assailant of the deceased, which is apparent from the FIR and also considering the fact that the petitioner is the son of the deceased, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Masaurhi in connection with Dhanarua P.S. Case No. 129 of 2020.

9. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on the dates fixed for hearing.

(Sandeep Kumar, J) Vikas/- U T