Ajit Kumar Mehta @ Ajit Kumar @ Ajit Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5707 of 2024 Arising Out of PS. Case No.-19 Year-2022 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Ajit Kumar Mehta @ Ajit Kumar @ Ajit Mehta S/O Brahmdeo Mehta R/O Village- Rambag, P.S- Udakishunganj (UDAKISHUNGAN), Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 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 302, 120(B) of the Indian Penal Code and Section 27 of Arms Act.

3. As per allegation in the FIR, Manager, namely, Lal Kumar Yadav of Ashirvad Nursing Home was shot dead by some unknown miscreants about which informant got information by telephonic call. Injured on the way to hospital and the reason behind this as alleged occurrence is said to be election rivalry and land dispute.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.5707 of 2024(2) dt.09-02-2024 2/2 falsely been implicated in this case. There is no eye witness of the alleged occurrence, only on the basis of suspicion, he has been dragged in this case. Nothing consistent material has found against the petitioner in respect of commission of murder of the deceased. Similarly situated other co-accused persons have already been granted bail by this Court and another co-ordinate Bench of this Court vide Annexure-P/2 series of this petition. Moreover, the petitioner is languishing in judicial custody since 24.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udakishunganj P.S. Case No. 19 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., Udakishunganj, Madhepura. (Sunil Kumar Panwar, J) Shubham/- U T