Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40895 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Ajay Kumar son of Sri Musafir Ram @ Mosaphir Ram resident of Village - Banka Bigha (Pithanua), P.S. - Barun, District - Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No. 13 Mr. Rohit Kumar Mrs. Kanchan Jha For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Barun P.S. Case No. 97 of 2018 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code and Sections 3/4 of the Prevention of Damage of Public Property Act, 1984. The prosecution case, as lodged by the police personnel, is that on the death of one Gautam Kumar in an accident case the local villagers became violent, came to the police station, ransacked the police station and injured number of police personnel. As many as 86 persons have been named in the F.I.R. including 200 unknown.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.40895 of 2018(2) dt.11-07-2018 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that he was just a passer-by and a student and has been made accused and is languishing in judicial custody since 18.05.2018. He further submitted that some of the co-accused have been granted pre-arrest bail and some regular bail by co-ordinate Benches of this Court, one of them being Cr. Misc. No. 37333 of 2018 vide order dated 04.07.2018.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail 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, Aurangabad in connection with Barun P.S. Case No. 97 of 2018.

(Nilu Agrawal, J) Rajesh/Pragya U T