Patna High CourtCR. MISC./44068/2023allowed

Ajay Singh @ Ajay Sah v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44068 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- GARKHA District- Saran ====================================================== AJAY SINGH @ AJAY SAH son of Godhan Singh Village- Garkha PsGarkha, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 307/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, informant has come to attend the marriage ceremony of her brother, in the meantime, co-accused Vikky Kumar and petitioner came there and opened fire, which hit the informant in her stomach.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Specific allegation of opening fire in against co-accused Vickey Kumar and not against the petitioner and no case u/s 307/34 and Sec. 27 of the Arms Act is

Patna High Court CR. MISC. No.44068 of 2023(2) dt.21-07-2023 2/2 made out against the petitioner. Petitioner is languishing in judicial custody since 10.10.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XII, Saran at Chapra in connection with Garkha P.S. Case No. 312 of 2022.

(Sunil Kumar Panwar, J) lata/- U