Ajeet Kumar @ Pachchu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17385 of 2023 Arising Out of PS. Case No.-564 Year-2021 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Ajeet Kumar @ Pachchu S/O Kapildeo Singh R/O Village- Pipra, P.SRamkrishna Nagar District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Adv.

Mr. Lakshmi Kant Sharma For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 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 302/34 of the Indian Penal Code and Section 27 of Arms Act. As per allegation in the FIR, the informant alleged that his grandson was shot dead by co-accused namely, Tinku Kumar and this petitioner is alleged to be caught hold the deceased along with other co-accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village enmity. From perusal of prosecution story, it appears that the specific allegation of shot fire upon the deceased is against co-accused

Patna High Court CR. MISC. No.17385 of 2023(2) dt.17-05-2023 2/2 namely, Tinku Kumar. This petitioner is alleged to be caught hold the deceased and no specific allegation attributed to him in the alleged occurrence. It is further submitted that other coaccused namely, Pappu Yadav has already been granted bail by a co-ordinate Bench of this court vide order dated 8.2.2023 passed in Cr. Misc. No. 7822 of 2023, hence, the case of this petitioner stands on similar footing of that of the co-accused. The petitioner has got no criminal antecedent and languishing in judicial custody since 4.7.2022.

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 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 Ramkrishna Nagar P.S. Case No. 564 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.-XIII, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T