Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86131 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- SHIKARGANJ District- East Champaran ====================================================== Ajit Kumar S/O Surendra Yadav @ Surendra Ray Resident of villageParewa, P.S- Shikarganj, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
Mr. Hemant Ray, Adv.
For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Shikarganj P.S. Case No. 30 of 2024 instituted for the offences under Section 309(4) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per prosecution case, the accusation against the petitioner is of looting Rs. 12,850/- from the Informant with the help of other co-accused by force of arms.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating/looted article has
Patna High Court CR. MISC. No.86131 of 2024(2) dt.17-12-2024 2/3 been recovered from the conscious possession of the petitioner. No Test Identification Parade has been conducted as yet. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of the confessional statement of coaccused Raushan Kumar. Except confessional statement, there is nothing against the petitioner showing his complicity in the alleged occurrence. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 30.08.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature and his name has surfaced in this case on the basis of the confessional statement of the co-accused Raushan Kumar.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned
Patna High Court CR. MISC. No.86131 of 2024(2) dt.17-12-2024 3/3 Court in connection with Shikarganj P.S. Case No. 30 of 2024. (Rudra Prakash Mishra, J) rishi/- U T