Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74543 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- GADHPURA District- Begusarai ====================================================== Ajit Kumar S/o Tun Tun Yadav Resident of Village- Kaura, Ward No. 10, P.S.- Garhpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 326, 307 and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against unknown accused person.

4. Learned counsel for the petitioner submits that it is a unique case in which informant has been made accused and police has not taken any statement from the injured but subsequently, name of the petitioner has figured in this case, therefore, police has made accused to the informant and informant has come before this Court for taking anticipatory bail. He submits that the petitioner is innocent and he is the informant. He is basically one of the injured persons. He further

Patna High Court CR. MISC. No.74543 of 2024(3) dt.22-01-2025 2/2 submits that antecedent of the petitioner is not clean, there are two criminal cases pending against him in which he is on bail. He further submits that he has been named in those cases after filing of the present case. He further submits that on previous occasion, case diary has been called for and from the case diary, it transpires that the petitioner is completely innocent and he has been made accused in this case unnecessary.

5. Learned A.P.P. for the State on the other hand opposes the prayer for bail and submits that the petitioner is not innocent, in the case diary, four independent witnesses have intimated that the petitioner had fired, though this firing has not been intentional rather it was basically a nature of harsh firing during the match going on in the village.

6. In the present facts and circumstances of the case and the submissions made above, this Court is not inclined to grant anticipatory bail to the petitioner, and therefore, his bail petition is hereby rejected.

7. However, liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. (Dr. Anshuman, J) sadique/- U T