Amit Kumar @ Amit Kumar Singh @ Daldal @ Dabal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26965 of 2024 Arising Out of PS. Case No.-908 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Amit Kumar @ Amit Kumar Singh @ Daldal @ Dabal Son Of Satendra Singh @ Satyendra Signh Resident Of Village- Sheopur Anandnagar, Ps- Ara Nagar Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh, Advocate For the State :
Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.
2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 09.11.2023 in Cr. Misc. No. 72715 of 2023.
3. The petitioner seeks bail in connection with Ara Nagar P.S. Case No. 908 of 2022 registered for the offence punishable under Sections 341/323/324/307 of the Indian Penal Code and Section 25(1-b) a/26/27/35 of the Arms Act.
4. As per the prosecution case, the petitioner and others were trying to stop the sale of land by the informant and his family members and they stopped them from executing the sale-deed. Subsequently, the informant and his family members
Patna High Court CR. MISC. No.26965 of 2024(3) dt.09-08-2024 2/3 which included the deceased were called by the accused side for settlement and there all the accused persons including the petitioner assaulted the victim and one co-accused Mohit Kumar Singh had shot at the son of the informant who died.
5. Learned counsel for the petitioner submits that coaccused Mohit Kumar Singh is the assailant of the deceased and the petitioner was not present on the spot as he was appearing in an examination.
6. It has been submitted by learned counsel for the petitioner that the petitioner is in jail since 28.08.2023 having clean antecedent.
7. Similarly situated accused persons have been granted bail after remaining in jail for some time. The petitioner has remained in jail for more than 11 months.
8. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail, after framing of charge if charge has not already been framed, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara/ concerned Court in connection with Ara Nagar P.S. Case No. 908 of 2022, subject to the condition that
Patna High Court CR. MISC. No.26965 of 2024(3) dt.09-08-2024 3/3 the petitioner will co-operate in the trial. The bail bonds of the petitioner shall be cancelled if he tampers with the evidence. (Sandeep Kumar, J) P. Kumar U T