Ajay Kumar @ Bachha Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52536 of 2024 Arising Out of PS. Case No.-435 Year-2023 Thana- MANER District- Patna ====================================================== Ajay Kumar @ Bachha Rai S/O Rambabu Rai R/O Village- Hira Tola, Sherpur, P.S- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra Jha, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP For the Informant :

Mr. Suraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. Perused the case diary. 2.

The petitioner apprehends his arrest in connection with Maner P.S. Case No. 435 of 2023 registered for the offences punishable under Sections 302, 34 & 120(B) of the Indian Penal Code and Section 27 of the Arms Act. 3.

It is a case of commission of murder of the informant's brother, namely, Arun Kumar Singh by shot fire by co-accused, namely, Dhananjay Rai. The petitioner is said to have caught holding the deceased.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.52536 of 2024(5) dt.31-01-2025 2/2 From perusal of FIR, it is evident that the specific allegation of firing is against co-accused, Dhananjay Rai. There is only general and omnibus allegation against this petitioner. Petitioner bears three criminal antecedents. Other co-accused has been granted anticipatory bail by this Court vide order dated 02-082024, passed in Cr. Misc. No. 56044 of 2024. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Maner P.S. Case No. 435 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T