Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82019 of 2024 Arising Out of PS. Case No.-300 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Ajay Kumar S/O Tulsi Chaudhary R/O Village- Dumwalia, Ward No.9, Nawka Tola, P.O- Narainpur, P.S- Bagaha (Pathkhauli), Dist- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sudama Chaudhary S/o Late Vindhyachal Chaudhary R/o vill - Dumwalia, ward no. 9, Nawka Tola, P.O. - Narainpur, P.S- Bagaha (Pathkhauli), Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kishore Choudhary. Advpcate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH 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 under Sections 364, 302, 201 and 120(B) of the Indian Penal Code.

3. As per prosecution case, it is alleged that due to land dispute, all the accused persons named in the complaint petition, including this petitioner, committed murder of the son of informant and threw his dead body at the railway track to show it as an accidental case.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that from bare perusal of the complaint petition, it is apparent that only a

Patna High Court CR. MISC. No.82019 of 2024(2) dt.22-01-2025 2/2 suspicion has been raised against this petitioner. Informant is not an eye-witness of the alleged occurrence. After thorough investigation, police has submitted final form against the petitioner. Similarly situated co-accused persons have already been granted bail by this Hon'ble Court vide orders dated 18.03.2024 and 08.07.2024 passed in Cr. Misc. Nos. 14358 of 2024 and 31813 of 2024. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Bagaha, West Champaran, in connection with Tr. No. 951 of 2024 arising out of Complaint Case No. 300 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T