Kel Prajapati @ Kail Prajapat @ Kail Prajapati @ Akash Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61650 of 2019 Arising Out of PS. Case No.-32 Year-2010 Thana- AMAS District- Gaya ====================================================== KEL PRAJAPATI @ KAIL PRAJAPAT @ KAIL PRAJAPATI @ AKASH JI S/O- Indradev Prajapati Resident of Village- Ajan, P.S.- Goh, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kiran Sinha, Adv For the Opposite Party/s :

Mr.Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 307, 398, 353 & 427 of the Indian Penal Code and Section 27 of the Arms Act and Section 17 of Criminal Law Amendment Act. A firing between the police and the extremists took place in the night. 16 person were identified by the informant including the petitioner.

Submission is that identification in the night during cross firing is not possible rather on suspicion the petitioner has been named. Co-accused-Chandra Shekhar Azad @ Chandan Kumar @ Ajay Ujjawal @ Chandan Mahto has

Patna High Court CR. MISC. No.61650 of 2019(2) dt.18-10-2019 2/2 already been allowed bail by a Coordinate Bench of this Court in Cr. Misc. No. 12129 of 2011. Petitioner is in custody since 30.08.2017.

Considering the entire facts aforesaid, let the petitioner, above named, 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 Court below where the case is pending in connection with Amas Police Station Case No.32 of 2010, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T