Patna High CourtCR. MISC./72057/2023allowed

Ajay Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72057 of 2023 Arising Out of PS. Case No.-641 Year-2023 Thana- PIRBAHOR District- Patna ====================================================== Ajay Kumar Son Of Krishna Prasad R/O- Khatal Gali Saidpur PsKadamkuan Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 307 of the Indian Penal Code and Section 27 of Arms Act.

3. The allegation against the petitioner and other co-accused persons is that they fired upon the informant due to which informant sustained gun shot

Patna High Court CR. MISC. No.72057 of 2023(2) dt.08-11-2023 2/3 injury in his thigh.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 04.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pirbahore P.S. Case No. 641 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.72057 of 2023(2) dt.08-11-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise II, Patna.

(Sunil Kumar Panwar, J) Nirajkrs/- U T