Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 26023 of 2023 Arising Out of PS. Case No.-393 Year-2018 Thana- BARH District- Patna ====================================================== AJAY KUMAR Son of Ram Sagar Rai Resident of village - Basobagi, P.S.- Barh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No 178 of 2023 arising out of Barh Police Station (for brevity, PS) Case No 393 of 2018 dated 11.10.2018 registered for the offence punishable under Sections 302, 201, 120B/34 of Indian Penal Code. As per prosecution case, the petitioner and the coaccused persons along with other unknown persons are alleged to have committed murder of the informant's brother Rahul Kumar after cutting his neck on account of his love affair with

Patna High Court CR. MISC. No.26023 of 2023(2) dt.23-05-2023 2/2 the co-accused Anjali Kumari under conspiracy. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner has got no criminal history, as stated in paragraph 3 of the bail petition. He is in custody in this case since 27.06.2022. It is further submitted that the petitioner is the brother of co-accused Anjali Kumari.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge V, Barh, District - Patna in Sessions Trial No 178 of 2023 arising out of Barh PS Case No 393 of 2018 dated 11.10.2018. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T