Aditya Bharti @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35241 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

Aditya Bharti @ Aditya Kumar, aged about 42 years, son of Vidyanand Bharti, 2.

Amul Kumar Bharti @ Amul Bharti, aged about 20 years, Male, S/o Ajay Bharti, Both resident of village- Kukiyasin, PO- Bijubigha, PS- Buniyadganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjawal Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Buniyadganj PS Case No.02 of 2024 dated 02.01.2024, instituted for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that on the alleged date of occurrence when the informant objected about the wrong measurement of his farm land by a private Amin, the petitioners along with other accused persons assaulted the informant and his family members with iron rod, lathi danda etc.

Patna High Court CR. MISC. No.35241 of 2024(4) dt.09-08-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. There is specific allegation against co-accused Vishal Bharti that he assaulted the informant on his head by means of iron rod. Allegation against the petitioner no.1 is that he along with Ajay Bharti assaulted the informant, but the injury report of the informant shows that the informant sustained simple injury. Allegation against the petitioner no. 2 is that he fired from his firearm but no one became injured. There is case and counter case between the parties. Counter case i.e., Buniyadganj PS Case No.01 of 2024 has been lodged by the petitioner no. 1 against the informant and others. Learned counsel further submitted that similarly situated co-accused, Ajay Bharti, has been granted bail by order dated 10.07.2024 passed in Cr. Misc. No.43143 of 2024. Petitioners are in custody since 21.02.2024. Lastly, it is submitted that the petitioner no.1 has one criminal antecedents whereas, petitioner no. 2 has clean antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.35241 of 2024(4) dt.09-08-2024 3/3 amount each to the satisfaction of the Judicial Magistrate, 1st Class, Gaya, in Buniyadganj PS Case No.02 of 2024.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T