Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 86267 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== Neeraj Kumar Son of Late Kaushlendra Prasad Singh @ Late Kaushlendra Kumar Singh R/o vill-Nagariyawan, PS-Khizersarai, Dist-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 379, 325, 34, of the Indian Penal Code and Sections 27, 25(1-b)a, 26, 37 of the Arms Act.

3. As per FIR, the allegation against the petitioner is that he assaulted by means of back side of gun over the head of the informant and allegation against the son of the informant is that he assaulted by means of rod over his head due to which he sustained injuries. It is further alleged that the petitioner and co-accused persons also assaulted his family

Patna High Court CR. MISC. No. 86267 of 2023(2) dt.11-01-2024 2/3 members. Thereafter, sons of the informant snatched gun from the hand of the petitioner and hand over the police officials.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to land dispute. The specific allegation of assaulting by means of iron rod over the head of the informant is against co-accused, who is also son of informant. It is further submitted that the petitioner has not fired upon the informant. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kheizersarai P.S. Case No. 149 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,-IV, Gaya.

Patna High Court CR. MISC. No. 86267 of 2023(2) dt.11-01-2024 3/3 (Sunil Kumar Panwar, J) lata/- U