Amarjeet Pal @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21201 of 2023 Arising Out of PS. Case No.-487 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Shashi Bhushan Pal, Gender-Male, Aged about 35 years, Son Of Hira Lal Pal R/o Village- Pilapur, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 21726 of 2023 Arising Out of PS. Case No.-487 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

Amarjeet Pal @ Chhotu, Gender-Male, Aged about 27 years, Son of Sheopersan Pal, Resident of village - Pilapur, P.S.- Jagdishpur, District - Bhojpur.

2.

Indrajeet Pal, Gender-Male, Aged about 19 years, Son of Sheopersan Pal Resident of village - Pilapur, P.S.- Jagdishpur, District - Bhojpur. ... ... Petitioners

Versus

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

(In CRIMINAL MISCELLANEOUS No. 21201 of 2023) For the Petitioner :

Mr. Gaurav Prakash, Advocate :

Mr. Awadhesh Kumar Pandey, Advocate For the Opposite Party :

Mr. Ram Bilash Roy Raman, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 21726 of 2023) For the Petitioners :

Mr. Akhilesh Kumar, Advocate :

Mr. Navin Kumar Singh, Advocate For the Informant :

Mr. Kamlesh Prasad Yadav, Advocate For the Opposite Party :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-05-2023 Both the cases have been heard together as they arise out of the same P.S. Case number.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State.

Patna High Court CR. MISC. No.21201 of 2023(2) dt.18-05-2023 2/3

2. The petitioners seek bail in connection with Jagdishpur P.S. Case No. 487 of 2022 dated 01.10.2022, instituted for the offence punishable under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act later on Section 302 of the Indian Penal Code is added.

3. Allegation against the petitioners is of firing on the informant's uncle and stolen mobile of the deceased. Further, it is alleged that during the course of treatment, the informant's uncle died.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is no eye-witness of the said occurrence. It is also submitted that the occurrence took place on 30.09.2022; the F.I.R. was lodged on 01.10.2022 but the said F.I.R. was sent to the Chief Judicial Magistrate on 11.10.2022 after delay of ten days without any explanation and there were chances of manipulation in the F.I.R. by falsely roping the petitioners as well whole family members after due deliberation. Learned counsel for the petitioners submits that there is disputes over the wall of Dalan between the deceased and petitioners due to which, the name of the petitioners transpired in this case. Lastly, it has been submitted that the petitioner, Shashi Bhushan

Patna High Court CR. MISC. No.21201 of 2023(2) dt.18-05-2023 3/3 Pal (Cr. Misc. No. 21201 of 2023) is in custody since 11.10.2022 and Petitioner no. 1 and Petitioner no. 2 (Cr. Misc. No. 21726 of 2023) are in custody since 06.12.2022 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-1st, Bhojpur at Ara in Jagdishpur P.S. Case No. 487 of 2022. (Khatim Reza, J) Gaurav Kumar/- U T