Ajit Kumar @ Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49613 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Ajit Kumar @ Ajeet Kumar S/o Late Kailash Singh R/o Village- Trahua Tola Bala Bigha, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Makhdumpur P.S. Case No. 106 of 2024 instituted for the offence under Sections 147, 148, 149, 447, 307 & 506 of the Indian Penal Code and Section 27 of the Arms Act. 3.

Prosecution case in short is that while the informant along with his family members were sitting at their house, all the accused persons including the petitioner came at their house variously armed and on the order of the petitioner, co-accused, namely, Mukul Kumar fired upon the informant,

Patna High Court CR. MISC. No.49613 of 2024(3) dt.18-09-2024 2/3 which hit on his left belly and later on he was taken up for treatment.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-03-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that specific allegation is against coaccused, namely, Mukul Kumar. There is no specific allegation of firing against the petitioner, rather it is alleged that he is the order giver. There is subsisting land dispute between the parties. It is submitted that parties are agnates. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.49613 of 2024(3) dt.18-09-2024 3/3 Court below/concerned Court in connection with Makhdumpur P.S. Case No. 106 of 2024.

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