Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41640 of 2021 Arising Out of PS. Case No.-843 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Amarjeet Kumar Son Of Harinandan Bhagat Resident Of Village - Shahpur Bujurg, P.S.- Patepur, Distt.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, while the informant's brother was returning home after closing shop, all of a sudden some unknown miscreants intercepted him. They looted sale proceeds of Rs.5 to 6 lacs and the motorcycle of the informant's brother and during the said transaction they fired upon the victim who died on way to the hospital. Learned counsel for the petitioner submits that the informant is not the eye witness of the occurrence and petitioner's name has figured during course of investigation in

Patna High Court CR. MISC. No.41640 of 2021(2) dt.17-01-2022 2/2 his own confession and except this, no other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. It is also the case of the petitioner that it has come in course of the investigation that it was co-accused Pappu Kumar who fired on the victim. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has claimed clean antecedent and he is in custody since 20.1.2021.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I West Muzaffarpur in Kurhani Police Station Case No. 843 of 2020.

(Prabhat Kumar Singh, J) Shashi U T