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Patna High CourtCR. MISC./81129/2023allowed

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

2024-03-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81129 of 2023 Arising Out of PS. Case No.-555 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Ajit Anand @ Ajeet Anand @ Bittu @ Bitu Son Of Sadan Sah @ Sadan Prasad R/O Vill - Hasanpur Bairiya, P.S. - Kundwa Chainpur, Distt. - East Champaran, 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 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 302, 120(B) and 506 of the Indian Penal Code and Section 27 of Arms Act.

3. Prosecution case relates to commission of murder of the informant's son by the accused persons. Suspicion has been raised by the informant that petitioner is also involved in the said occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of

Patna High Court CR. MISC. No.81129 of 2023(3) dt.19-03-2024 2/2 statement made by one Mala Devi, who is said to be wife of the deceased. No any specific overt act of commission of murder against the petitioner rather one FIR named co-accused Prabhu Kumar fired upon the informant's son due to which he shot dead. Only suspicion has been raised upon the petitioner by the informant except that, nothing consistent material has found against the petitioner. Moreover, he is languishing in judicial custody since 26.04.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ghorasahan P.S. Case No. 555 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Sikarhana at Dhaka, East Champaran.

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