Ajay Singh @ Ajay Kumar Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64392 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- SRIPUR District- Gopalganj ====================================================== Ajay Singh @ Ajay Kumar Kushwaha s/o Bharat Prasad Kushwaha R/O Village- Kapurchak, P.S.- Sripur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vyas Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 448, 324, 307, 379, 504 and 506 of the Indian Penal Code in connection with Sripur P.S. Case No.21 of 2024.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 18.03.2024 her father-in-law was working in his field, when the accused persons including the petitioner came variously armed and Bharat assaulted her father-in-law by farsa
Patna High Court CR. MISC. No.64392 of 2024(2) dt.03-10-2024 2/3 causing injury on head, further when the informant and her husband came to save her father-in-law, accused assaulted them and looted articles worth rupees five lakhs from the house on point of gun.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant being son of Bharat. It is also submitted that no specific allegation of assault is alleged against the petitioner and the allegation of looting articles worth rupees five lakhs on point of gun is ornamental, as the FIR has not been instituted under the Arms Act. It is also submitted that petitioner after completing his graduation and other courses is preparing to sit in examination for being appointed as teacher.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj
Patna High Court CR. MISC. No.64392 of 2024(2) dt.03-10-2024 3/3 in connection with Sripur P.S. Case No.21 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T