Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63167 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- DEO District- Aurangabad ====================================================== Ajay Kumar, Son of Late Ramadhar Ram, R/V- Budhan Bigha, P.S- Deo, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Deo P.S. Case No. 114 of 2022 registered for the alleged offences under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code.

As per prosecution case, petitioner and the informant are full brothers and allegation against the petitioner is that he along with his other two brothers assaulted the informant and his family members causing fracture of the left leg of the daughter of the informant.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to some land dispute. Specific allegation of assault on

Patna High Court CR. MISC. No.63167 of 2022(2) dt.22-02-2023 2/3 the head of the informant is against co-accused Sanjay Ram and there is only general and omnibus allegation against this petitioner and other co-accused. Causing fracture of left leg of the daughter of the informant is not specific against this petitioner The petitioner is in custody since 03.09.2022 and the charge-sheet has been submitted in this case. Petitioner has been made accused in Deo P.S. Case No. 27 of 2020 under Sections 341, 323, 325/34 of IPC, the said case has been lodged by the wife of the informant and the petitioner is on bail in the said case.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, Bihar in connection with Deo P.S. Case No. 114 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following

Patna High Court CR. MISC. No.63167 of 2022(2) dt.22-02-2023 3/3 conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Balmukund/- U T