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Patna High CourtCR. MISC./81934/2023allowed

Ajit Anand @ Ajeet Anand @ Bittu @ Bitu v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81934 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Ajit Anand @ Ajeet Anand @ Bittu @ Bitu Son Of Sadan Sah @ Sadan Prasad Resident Of Village- Hasanpur Bairiya, Police Station- Kundwa Chainpur, District- East Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, after receiving a call on his mobile, brother of the informant went to registry office, where three unknown persons were ambushed there shot dead the informant's brother. Informant came to know by the villagers that three miscreants came with a motorcycle and after commuting the crime, they fled away towards north side.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.81934 of 2023(2) dt.19-12-2023 2/2 committed no offence. Petitioner is not named in the FIR. No TIP has been conducted by the police as yet. He further submitted that the other co-accused have already been granted bail by Co-ordinate Benches vide orders dated 22.03.2023 and 14.04.2023 passed in Cr. Misc. No. 70504 of 2022 and 6228 of 2023, respectively. Petitioner is languishing in judicial custody since 29.09.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Dhaka P.S. Case No. 95 of 2022.

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