Ajeet Kumar @ Ajeet Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29917 of 2020 Arising Out of PS. Case No.-47 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== Ajeet Kumar @ Ajeet Kumar Yadav Son of Dilip Yadav Resident of VillagePusaho, P.S.- Bithan, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav, APP For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed instant application for regular bail in connection with Bithan P.S. Case No.47 of 2019 registered for the offence punishable under sections 307 and 392 of the Indian Penal Code and section 27 of the Arms Act.

As per prosecution case, while the informant was returning on his motorcycle, two accused persons with their faces covered, stopped him and one of them fired hitting the informant in his leg. They took away Rs.1,76,000/- in cash and a Samsung Tab. It is submitted by learned counsel for the petitioner that his name transpired in the confessional statement of co-accused Nirdosh Kumar. It is submitted that the said Nirdosh Kumar has made self exculpatory statement stating therein that it was the petitioner who fired. The confession made before police has no value. The injury is

Patna High Court CR. MISC. No.29917 of 2020(3) dt.06-01-2021 2/2 on a non vital part of the body. The petitioner has no criminal antecedent and is in custody since 04.03.2020. The application for bail has been opposed by learned APP for the State. He submits that as per the statement of Nirdosh Kumar it was the petitioner who fired on the informant, hitting him in his leg.

Having heard learned counsel for the parties, and in the facts and circumstances of the case, specially the petitioner being in custody since 04.03.2020 and investigation in the case having concluded, the petitioner is directed to be enlarged on bail in connection with Bithan P.S. Case No.47 of 2019 on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Rosera, Samastipur.

(Partha Sarthy, J) Prakash Narayan /- U T