Patna High CourtCR. MISC./25481/2023allowed

Amit Jha @ Amit Kumar Jha v. The State Of Bihar

2023-07-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25481 of 2023 Arising Out of PS. Case No.-822 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== Amit Jha @ Amit Kumar Jha S/O Bachandev Jha Resident Of VillageMofarganj Gareri Tola, Ward No.- 36, P.S.- Nagar, District- Katihar, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the allegation against the accused person including the petitioner is that they committed murder of the informant's son by means of opened fire-arm due to which his son sustained gunshot injury and died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity.

Patna High Court CR. MISC. No.25481 of 2023(3) dt.24-07-2023 2/2 There is no specific allegation of shot firing levelled against the petitioner rather the specific allegation of shot firing is against co-accused, namely, Sujit Jha. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nagar P.S. Case No. 822 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional sessions Judge-V, Katihar.

(Sunil Kumar Panwar, J) manishkumar/- U T