Gajendra Kamti @ Gajju Kamti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17516 of 2025 Arising Out of PS. Case No.-317 Year-2024 Thana- BIHARIGANJ District- Madhepura ====================================================== GAJENDRA KAMTI @ GAJJU KAMTI Son of Sri Dhiru Kamti Resident of Village - Bihariganj, Ward No.- 7, P.S.- Bihariganj, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Bihariganj P.S. Case No. 317 of 2024, registered for the offences punishable under Sections 103(1), 351(3), 3(5) and 61(2) of the Bharatiya Nyaya Sanhita Act and Section 27 of the Arms Act.

3. As per allegation, the informant, Md. Israfil lodged F.I.R. stating therein that on 14.09.2024 at about 6:00 P.M., his son Md. Shoel (the deceased) went from his shop and as soon as he reached near Harizan School, co-accused, Md. Babar and Md. Hasnain started indiscriminate firing on Md. Shoel who died at the spot. The informant has stated further in his fardbeyan that the conspirator of the incident was Md. Daud and

Patna High Court CR. MISC. No.17516 of 2025(3) dt.13-05-2025 2/2 Md. Salim.

4. Learned counsel for the petitioner has submitted that the informant has specifically named the assailants as well as conspirators of the occurrence. The petitioner is not named in the F.I.R. There is nothing in the entire case diary except his confessional statement and in confessional statement of the petitioner, his involvement in the present occurrence does not transpire. The petitioner is under custody since 17.09.2024.

5. On the other hand, learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the above-mentioned facts and circumstances, the petitioner, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Udakishunganj in connection with Bihariganj P.S. Case No. 317 of 2024, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Neha/- U T