Ajay Kumar @ Basiya @ Ajay Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20541 of 2020 Arising Out of PS. Case No.-364 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AJAY KUMAR @ BASIYA @ AJAY PODDAR, aged about 35 years, Male, son of Dinesh Poddar, resident of Village - Harpur, P.S.- Barauni Refinery O.P., District - Begusarai.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Town P.S. Case No.364 of 2018, registered for the offence under Sections 302 / 34 of the Indian Penal Code and under Section 27 of the Arms Act.

As per the F.I.R. on 25.06.2018 the son of the informant along with his co-villager namely, Ajay Kumar had gone to see the girl for the marriage of his brother. When they came near Machharhatta in Begusaria district, unknown person came and fired upon them, which hit the informant's son. Thereafter, he was taken to the hospital but, he succumbed to the injuries.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20541 of 2020(4) dt.09-02-2021 2/3 petitioner is quite innocent and has falsely been implicated in this case, inasmuch as, he is in jail 24.08.2018. Paragraph no.26 of the case diary gives the entire picture under what circumstance the incident took place. It has been alleged by Madan Mahto that he is a broker of the land and on 26.06.2018 at evening he was standing near a betel shop, at that time, Gacheya Paswan @ Mintu and 5-6 unknown persons came there and surrounded him and demanded the commission and also demanded extortion but, he refused. In the meantime, Ajay Kumar @ Basiya Poddar (petitioner) came on his motorcycle and told Madan Mahto to sit on his motorcycle on the point of gun, so under the fear he sat on the motorcycle.

When the motorcycle reached near Tinmuhani, the motorcycle fell in a drain and taking benefit of the same, Madan Mahto tried to flee away, in the meantime, Gachiya Paswan came and asked to kill Madan Mahto, upon which firing was made but, unfortunately the bullet hit to the third party. Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail is rejected.

Patna High Court CR. MISC. No.20541 of 2020(4) dt.09-02-2021 3/3 production of a copy of this order. If the trial is not concluded within the stipulated period of nine months, the petitioner will be at liberty to renew the prayer for bail.

(Shivaji Pandey, J) pawan/- U T