Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89962 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- GANGABRIDGE District- Vaishali ====================================================== Niraj Kumar S/o Pawan Thakur R/o Village- Mayeel, PS- Biddupur, DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tilak Sao, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 103(1) , 61 ( 2 ) and 3(5) of BNS 2023 .

3 . As per the prosecution case , on 05.08.2024 at 11.00 AM this petitioner along with other F.I.R., named accused persons called brother of the informant who went in the company of accused persons and on the same day at about 2.30 Pm, informant came to know that his brother was lying on ground in dead condition . With the help of villagers, his brother was rushed to nearby clinic of Sadhusharan Choudhary where he was declared dead. Then , informant raised suspicion that this petitioner along with other co-accused persons in

Patna High Court CR. MISC. No.89962 of 2024(2) dt.29-01-2025 2/2 collusion with each other killed brother of informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . Only suspicion has been raised against this petitioner. Informant is no eye witness to the alleged occurrence . There is delay of 4 days in lodging the F.I.R., for which there is no plausible explanation for the same . At best, it is a case of last seen with the deceased.

5 . Learned counsel for the State opposed the prayer for bail and submitted that there is specific allegation against the petitioner that he along with other co-accused persons killed the deceased. It is further submitted that it was the petitioner and other co-accused persons who took away the deceased along with them and thereafter deceased was left in dead condition .

6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T