Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63997 of 2023 Arising Out of PS. Case No.-25 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== AJIT KUMAR S/O AMAR GOP RESIDENT OF CHAILI TAL, MAHARANI STHAN, GULZARBAGH, PS- ALAMGANJ, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Deo For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201 and 120B/34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that his younger brother namely, Suraj Kumar has been killed by Kajal Devi, Akash Kumar and his friend Ajit Kumar and 3-4 other unknown persons by conspiring with each other after throwing the dead body in Fatehpur orchard to conceal evidence.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Informant is not an eye-witness of the

Patna High Court CR. MISC. No.63997 of 2023(2) dt.11-10-2023 2/2 alleged occurrence and the allegation as alleged in the FIR is false and fabricated. On the basis of suspicion, the name of the petitioner has come into light. No incriminating article has been recovered from the conscious possession of the petitioiner. He submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 22.05.2023 passed in Cr. Misc. No. 1186 of 2023. He is languishing in judicial custody since 10.02.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge, Patna City, Patna in connection with Didarganj P.S. Case No. 25 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T