Ajit Kumar @ Bauwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30765 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Ajit Kumar @ Bauwa S/o Late Lal Kishun Rai R/o Rampur Pattipur, P.S.- Raghopur, District- Vaishali at present Ram Pyari Biscuit Factory, P.S.- Kadamkuan, District- Patna. ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Sinha, Advocate For the Opposite Party :

Mr.Narsingh Tanti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under Sections 394, 302, 412 & 34 of the Indian Penal Code as well as under section 27 of the Arms Act. It is alleged that the miscreants looted articles from the informant including cash belongings. One of the miscreant opened fire causing death of another miscreants. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of his confessional statement in another case. He submits that nothing incriminating has come in course of investigation to connect the petitioner with the occurrence. Petitioner has got two cases pending against him, detailed in paragraph 3 of the bail petition in which he is on bail. Petitioner has not been put

Patna High Court CR. MISC. No.30765 of 2019(5) dt.18-09-2019 2/2 on test identification parade (TIP) till date. Petitioner is in custody since 1.6.2018 and similarly situated co-accused Krishna Kumar has already been allowed bail by a bench of this Court vide order dated 8.10.2018, passed in Cr.Mis.No. 58135 of 2018.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna in Kadamkuan Police Station Case No. 118 of 2018 on the condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T