Amresh Kumar @ Amaresh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73464 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Amresh Kumar @ Amaresh Ray S/o- Jageshwar Ray @ Jogeshwar Ray Village- Nainha PS- Sadar Dist - Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Informant :
Mr. Ranjeet Kumar Mr. Ramesh Kumar Singh For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Industrial Area P.S. Case No. 78 of 2024 dated 25.06.2024 registered for the offences punishable under Sections 302, 120B read with Section 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant and his brother, Amarjeet Kumar were purchasing vegetables at Pethiya, in the meantime, the petitioner and the co-accused persons surrounded and abused them. On being objected, they
Patna High Court CR. MISC. No.73464 of 2024(2) dt.18-10-2024 2/3 started assaulting them. The informant and his brother fled away in the field, but the co-accused persons Ranjeet Kumar, Pappu Kumar and Raushan Kumar fired from the country made katta and pistol on the head, back and waist of the informant's brother leading to his death due to previous dispute under conspiracy with one another.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further submitted that there is no specific allegation against the petitioner of firing on deceased at the time of the alleged occurrence. The specific allegation of firing on the deceased is against the co-accused Raushan Kumar, Ranjeet Kumar and Pappu Kumar. The petitioner has no concern with the alleged occurrence. The petitioner has stated the modus operandi as to how the occurrence took place. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 25.06.2024.
5. Learned A.P.P. for the State and learned counsel for the informant have opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.73464 of 2024(2) dt.18-10-2024 3/3 of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 78 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T