Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44353 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- CHAPRA TOWN District- Saran ====================================================== Ajeet Kumar S/O Harender Ram, Resident of village- Purvi Dahiyawan, Jagdamba Road, Ward No. 28, P.S- Nagar Chhapra, District- Saran at Chhapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Ashfaque Ahmad, Adv.

Mr. Umesh Kumar Verma, Adv For the Opposite Party/s :

Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-07-2025 Heard Mr. Syed Ashfaque Ahmad, learned counsel for the petitioner and Mr. Suresh Pd. Singh, learned APP for the State.

2. Petitioner seeks regular bail in connection with Town P.S. Case No. 04 of 2025 dated 04.01.2025 registered for the offences punishable under sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that though the instant matter relates to murder of informant's brother and the petitioner is also named in the FIR but he has been made accused mainly on the basis of suspicion and the informant is not said to be an eyewitness of the occurrence. It is further submitted that the learned trial court has

Patna High Court CR. MISC. No.44353 of 2025(3) dt.18-07-2025 2/3 referred paragraphs Nos. 18, 19, 23, 24, 25 and 26 of the case diary while rejecting the petitioner's prayer and the contents of these paragraphs have been mentioned in this petition in the paragraphs Nos. 14 to 19 and from their perusal, it is clearly evident that against the petitioner there is no direct evidence. It is further submitted that during the course of investigation, one witness, cousin of the informant, stated that this petitioner and co-accused persons were seen at 7:30 P.M. at the alleged place of occurrence but as per the informant, the victim left his home at 8:00 P.M., so, the said statement is completely false and other witnesses, whose details are mentioned in paragraphs Nos. 25 and 26 of the case diary, are hearsay witnesses.

It is lastly submitted that the petitioner has fair and clean antecedent and has been languishing in jail since 04.01.2025 and against him the investigation has been completed and in the entire FIR, the informant has not shown any reason on the part of the petitioner to kill the deceased in collusion with the co-accused.

4. Learned APP for the State has opposed the prayer of the petitioner.

5.

Considering the submissions advanced by petitioner's counsel particularly the details of the relevant paragraphs upon which the learned trial court has relied, in the

Patna High Court CR. MISC. No.44353 of 2025(3) dt.18-07-2025 3/3 paragraphs Nos. 14 to 19 of this petition and coupled with petitioner's fair and clean antecedent and completion of investigation against him and the fact that there is no direct evidence showing his involvement in the alleged killing of the victim, in my opinion, it is a fit case for grant of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Town P.S. Case No. 04 of 2025.

(Shailendra Singh, J) annu/- U T