Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20283 of 2019 Arising Out of PS. Case No.-738 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== AJIT KUMAR, aged about 23 years, Male, Son of Tribhuvan Prasad Srivastava @ Tribhuvan Prasad Resident of Village- Malkaunia, P.O. and P.S.- Motihari Muffasil, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pravin Kumar, Advocate.

For the State :

Mr. Narsingh Tanti, A.P.P.

For the Informant : Mr. Ajay Kumar Singh and Mr. Hariwansh, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsels for the petitioner, informant and learned A.P.P. for the State.

The petitioner is languishing in custody since 02.11.2018 in a case for the offence registered under Sections 320, 120(B)/34 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that the accused Mithu Kumar and six others came to the house of the informant and Mithu Kumar called the deceased Sanjay Singh, the husband of the informant, outside of the house and when he came out of his rental house and was talking to the F.I.R. named

Patna High Court CR. MISC. No.20283 of 2019(3) dt.25-04-2019 2/3 accused persons. Accused Mahanand Sahni fired upon him from small firearm on his neck and thereafter, another accused Sanjay Singh fired the deceased over his left side of abdomen and thereafter all the accused persons fled away from the spot while firing in air.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No injury is attributed against the petitioner. The main allegation is against co-accused Mahanand Sahni and Sanjay Singh.

On behalf of the learned counsels for the State and informant, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-11, Motihari, East Champaran, in connection with Town P.S. Case No. 738 of 2018, Sessions Trial

Patna High Court CR. MISC. No.20283 of 2019(3) dt.25-04-2019 3/3 No. 92 of 2019.

(Sudhir Singh, J) U.K./- U T