Ajit Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30275 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- NAVINAGAR District- Aurangabad ====================================================== Ajit Sharma, aged about 30 years, Gender-Male, Son of Ramesh Sharma, Resident of Village- Haidarnagar Bhai Bigha, Block Road, P.S- Haidarnagar, Dist- Palamu (Jharkhand).

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Pd. Singh, Sr. Advocate and Mr.

Bhaskar Shankar, Advocate For the Informant : Mrs. Mukul Kumari, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-07-2024 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nabinagar P.S. Case No. 14 of 2024 dated 15..01.2024 registered for the offences punishable under Sections 302/34 of the I.P.C. and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.

3. As per the prosecution case, the informant was informed that his father was shot at Tetariya More. After getting such information, the informant and his brother immediately reached there and saw that his father was lying on the ground in injured condition. The people present there informed the informant that an altercation took place for parking of a car with

Patna High Court CR. MISC. No.30275 of 2024(3) dt.11-07-2024 2/3 one Mukesh Chouhan and during that five persons came out of the car and one of them namely, Mojahid fired on Mukesh Chouhan which hit the informant's father. Thereafter, the informant's father was taken to the hospital where he was declared dead.

4. Learned senior counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the specific allegation of firing on the informant's father is against the coaccused Md. Mujahid and not against the petitioner. The petitioner is one of the pillion rider of the car which was owned and driven by the co-accused Wakil Ansari and the co-accused Wakil Ansari has already been granted bail by a Bench of this Court vide Cr. Misc. No. 33494 of 2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 28.01.2024. 5.Learned A.P.P. for the State and learned counsel for the informant have opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees

Patna High Court CR. MISC. No.30275 of 2024(3) dt.11-07-2024 3/3 Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Aurangabad in connection with Nabinagar P.S. Case No. 14 of 2024 with further condition:- I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T