Aaditya Kumar @ Moloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55019 of 2022 Arising Out of PS. Case No.-302 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== AADITYA KUMAR @ MOLOO SON OF LATE VIPIN KUMAR R/O VILLAGE- POJHIYAN, P.S.- LALGANJ, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Lalganj P.S. Case No. 302 of 2019, registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation, the petitioner opened fire, which hit at the knee of the informant.

The learned counsel for the petitioner has submitted that both the parties are agnates. Admittedly, there is land dispute between the parties and the petitioner is under custody since 29.04.2022.

Patna High Court CR. MISC. No.55019 of 2022(3) dt.22-03-2023 2/3 On the other hand, the learned APP for the State and the learned counsel for the informant have opposed the prayer for bail and submitted that the informant has sustained grievous fire arm injuries in his leg. They have submitted further that there are three other cases against the petitioner, to which the learned counsel for the petitioner replied that in all those cases, the petitioner has been granted bail.

Considering the above-mentioned facts and circumstances as well as period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned court of Sobhana Swetanki, Judicial Magistrate-1st Class, Vaishali in connection with Lalganj P.S. Case No. 302 of 2019, subject to the following conditions:- (i) The petitioner shall remain physically present on each and every date till conclusion of the trial and his failure in physical appearance shall lead to cancellation of his bail bond.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner

Patna High Court CR. MISC. No.55019 of 2022(3) dt.22-03-2023 3/3 and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) kundan/nirmal U T