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Patna High CourtCR. MISC./85026/2023allowed

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

2024-01-09Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85026 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Ajit Anand @ Ajeet Anand @ Bittu S/O Sadan Sah @ Sadan Prasad R/O Village- Hasanpur Bairiya, P.S- Kundwa Chainpur, Distt.- 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 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

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, 302, 120(B) of the Indian Penal Code and Section 27 of Arms Act.

Prosecution case in nutshell is that five miscreants on two motorcycles started indiscriminate firing due to which informant's husband succumbed to fire arm injuries.

Patna High Court CR. MISC. No.85026 of 2023(2) dt.09-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner is named in F.I.R. and his name sprang up in this case on the confessional statement of co-accused Ramzan Miyan who has already been granted bail vide order dated 23.12.2022, passed in Cr. Misc. No. 53606 of 2022 by this Court. petitioner has no concern either with the alleged offence or with the co-accused persons. Moreover, the petitioner is languishing in judicial custody since 20.07.2022.

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

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 Chhauradano P.S. Case No. 103

Patna High Court CR. MISC. No.85026 of 2023(2) dt.09-01-2024 3/3 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XII, East Champaran, Motihari.

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