Ajay Sha@ Ajay Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17810 of 2024 Arising Out of PS. Case No.-261 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Ajay Sha@ Ajay Kumar Gupta, SON OF Ramesh Sah Resident Of VillageChhotka Shakhe, Ps- Uchkagaw, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Singh, Adv.
For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Uchkagwon P.S. Case No. 261 of 2023, lodged on 13.07.2023 under Sections 341, 323, 307, 302, 504, 506, 34 of the Indian Penal Code.
3. As per the prosecution case, FIR has been lodged against the present petitioner along with five named and 4-5 unknown accused persons against whom there is an allegation that all accused persons in connivance with each other, reached at the house of the informant with arms and started abusing them and called her daughter, and subsequently, attacked the husband of the informant, due to which he suffered injury and fell down and thereafter, died.
Patna High Court CR. MISC. No.17810 of 2024(2) dt.14-03-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not named in the FIR. Counsel submits that in the FIR, the name of Ajay Sah, S/o Phulena Sah is the accused, whereas, the petitioner is Ajay Sha, S/o Ramesh Sah. Counsel further submits that in the present case, with the help of police in the further statements, the informant inserted the name of the petitioner.
5. Learned counsel for the petitioner submits that from the date of FIR, it is clear that the present FIR in which the petitioner is seeking bail has been lodged on 13.07.2023, whereas, another FIR which has been lodged from the petitioner's side against the informant bearing Uchkagwon P.S. Case No. 186 of 2023 dated 01.06.2023 in which the informant of the present case was accused no.3 in that case and with a view to save her own skin, the present case has been filed against the petitioner and others. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 14.09.2023.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. In the present facts and circumstances of this case
Patna High Court CR. MISC. No.17810 of 2024(2) dt.14-03-2024 3/3 and the submissions made above, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj in connection with Uchkagwon P.S. Case No. 261 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.
(Dr. Anshuman, J.) Divyansh/- U T