Ajay Shankar Gond @ Ajay Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17050 of 2023 Arising Out of PS. Case No.-197 Year-2021 Thana- AANDAR District- Siwan ====================================================== Ajay Shankar Gond @ Ajay Shankar Sah Son Of Madhav Sah R/O VillageMirpur, P.S.- Andar, District- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 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 147, 148, 323, 341, 324, 307, 302, 504, 506/149 of the Indian Penal Code Act and Sections 25(1-b)a, 26, 27 of the Arms Act.

As per prosecution case, it is alleged that on 28.10.2021 at about 10:00 A.M. co-accused Om Prakash Gond started abusing to the informant and on hue and cry, other co-accused persons came there. Thereafter, coaccused Om Prakash Gond started firing due to which Satyadeo Gond sustained injuries and died on the spot.

Patna High Court CR. MISC. No.17050 of 2023(2) dt.29-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no specific allegation of over-act has been leveled against the petitioner rather general and omnibus allegation leveled against him. The specific allegation of shot fire is against co-accused Om Prakash Gond not against this petitioner. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 13.09.2022 passed in Cr. Misc No. 10673 of 2022. It is further submitted that petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 25.06.2022.

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 Andar P.S. Case No. 197 of 2021 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.17050 of 2023(2) dt.29-04-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Siwan.

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