Indrajeet Kumar @ Amarjeet Kumar @ Indrajeet Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3800 of 2023 Arising Out of PS. Case No.-864 Year-2021 Thana- DANAPUR District- Patna ====================================================== Indrajeet Kumar @ Amarjeet Kumar @ Indrajeet Ray Son Of Rambabu Rai R/O Bhatta Road, P.S- Danapur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B, 34 of the Indian Penal Code and Section 27 Arms Act and 25(9) of the Arms Act.

As per prosecution case, informant alleged that her daughter had gone to attend a marriage ceremony of her relative, where she was gun shot and thereafter, she was taken to near hospital, however, during the course of treatment, she died. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis enmity and confessional statement of the co-accused namely, Arun

Patna High Court CR. MISC. No.3800 of 2023(2) dt.04-04-2023 2/2 Kumar. Neither Petitioner is named in the FIR nor any incriminating articles have been recovered from his possession. There is no any specific allegation against the petitioner in this case. He has got no criminal antecedent. Similarly situated coaccused Pawan Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 13.02.2023 passed in Cr. Misc. No. 47655 of 2022. It is further submitted that the petitioner suo motu surrendered in this case on 14.10.2022 and since then he is languishing in judicial custody. Learned APP appearing for the state has opposed the prayer of regular bail.

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 Danapur P.S. Case No. 864 of 2021 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.,I, Danapur, Patna.

(Sunil Kumar Panwar, J) Manish/- U T