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2025 DAILYLAW 83264 (PAT)

Niraj Kumar v. The State of Bihar

CR. MISC./83768/2024 · 2025-03-19

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83768 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- SATHI District- West Champaran ====================================================== Niraj Kumar S/O Vijay Kushwaha @ Vijay Kumar Kushwaha R/O Village- Lagunaha, P.S- Chanpatia, Distt.- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 19-03-2025 Heard learned counsel for the petitioner and Mr. Dr. Ajeet Kumar, learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 309(4) of the Indian Penal Code. 3. The case of the prosecution is that the informant was going on his bike and took some cash and valuables from one Rambhuj @ Dinesh Prasad. As he proceeded for Hardia Chowk, Narkatiaganj near Hicchopal Dhala, three persons on a bike overtook him and on gun point took away the bag containing cash and fled away. The case was registered against unknown miscreants. 4. Learned counsel for the petitioner submits that during course of investigation one Avinash Kumar Tiwari was apprehended. He has given his confessional statement. The Patna High Court CR. MISC. No.83768 of 2024(4) dt.19-03-2025 2/2 name of this petitioner has surfaced in the confessional statement of co-accused Avinash Kumar Tiwari. It has also been submitted by the learned counsel for the petitioner that nothing has been recovered from the possession of the petitioner and no TIP has been conducted. The petitioner is in judicial custody since 03.09.2024. 5. Learned APP appearing for the state has opposed the prayer of regular bail. He submits that the petitioner is having criminal antecedent of one case. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sathi P.S. Case No. 130 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate- 1st Class, Bettiah, West Champaran. durgesh/- (Ashok Kumar Pandey, J) U T