Patna High CourtCR. MISC./38282/2017allowed

Ajeet Prajapati v. The State Of Bihar

2017-08-16Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38282 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -AMBA District- AURANGABAD ====================================================== Ajeet Prajapati, Son of Krishna Prajapati, R/o Village- Narhar Amba Tola Kumhar Bigha, P.S.- Amba, District- Aurahabad. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Dubey For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Amba P.S. Case No. 9 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other accused persons are said to have assaulted the informant and his brother. One of the co-accused Krishna Prajapati assaulted his brother by means of lathi which proved fatal.

It is submitted by learned counsel for the petitioner that the petitioner does not happens to be the assailant of the brother of the informant rather the assailant was one co-accused Krishna Prajapati. The allegation of assaulting the informant and

Patna High Court Cr.Misc. No.38282 of 2017 (02) dt.16-08-2017 -2his brother by means of lathi is not specific rather omnibus. There is case and counter case between the parties. Similarly situated co-accused persons have been granted bail by this Court in Cr. Misc. Nos.38071 of 2017 and 37907 of 2017 both vide order dated 10.08.2017. The petitioner has been languishing in custody since 04.07.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No.09 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U