Amarjeet Kumar @ Amarjeet v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36824 of 2024 Arising Out of PS. Case No.-641 Year-2023 Thana- PIRBAHOR District- Patna ====================================================== Amarjeet Kumar @ Amarjeet S/o Hare Ram Prasad R/o vill - Nand Nagar Colony Saidpur, P.S.- Bahadurpur District Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Pirbahore P.S. Case No. 641 of 2023 for the offences registered under Sections 147, 148, 149, 307 of the Indian Penal Code and Section 27 of Arms Act as well as Section 37 of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, allegation against the accused persons including the petitioner is that he fired upon the informant due to which he sustained gun shot injury on his thigh.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to ulterior motives. Petitioner was not present on the
Patna High Court CR. MISC. No.36824 of 2024(5) dt.25-10-2024 2/3 spot. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. Similarly situated co-accused, namely, Guddu Kumar @ Sweety has already been granted regular bail by this Court vide order dated 19.01.2024 in Cr. Misc. No. 84478 of 2023. Other similarly situated co-accused persons have also been granted regular bail by co-ordinate Bench of this Court. Petitioner has seven criminal antecedents in which he is on bail. Petitioner is in custody since 06.03.2024. Charge has already been framed in this case and petitioner undertakes to cooperate in the trial.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge II, Patna in connection with Pirbahore P.S. Case No. 641 of 2023, subject to following conditions:- (I) Bailors should be local having sufficient
Patna High Court CR. MISC. No.36824 of 2024(5) dt.25-10-2024 3/3 immovable property within the jurisdiction of the Court concerned.
(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient reason, the trial Court may cancel the bail of the petitioner. (Sunil Dutta Mishra, J) rakhi/- U T