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Patna High CourtCR. MISC./39080/2023allowed

Ajeet Kumar @ Chottu Yadav v. The State Of Bihar

2023-08-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39080 of 2023 Arising Out of PS. Case No.-471 Year-2015 Thana- WAJIRGANJ District- Gaya ====================================================== AJEET KUMAR @ CHOTTU YADAV S/O SADHU YADAV R/O VillageKanaudi, PS. Wazirganj, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 307/34 of the Indian Penal Code, section 17 of the C.L.A. Act and Section 27 of Arms Act.

3. According to the prosecution case, it is alleged that the petitioner is indulged in hatching conspiracy to kill the brother of the informant in connivance with other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case on the basis of suspicion. No one is eye

Patna High Court CR. MISC. No.39080 of 2023(3) dt.07-08-2023 2/2 witness of the alleged occurrence. During course of investigation, no any consistent material has come against the petitioner which suggests his complicity in the present case. Other co-accused who are named in the FIR, have already been granted bail which is evident from Annexure-2. It is also submitted that charge has been framed. The petitioner has got no criminal antecedent and languishing in judicial custody since 10.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Wazirganj P.S. Case No. 471 of 2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T