Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1086 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- FATUA District- Patna ====================================================== Ajay Kumar S/O Ram Pravesh Singh Resident of Village- Gawaspur Varuna, P.S. Fatuha, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate Mr. Roop Kishan, Advocate For the State :

Mr. Chandra Bhushan Prasad, APP For the Informant : Mr. Rakesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Fatuha P.S. Case no.266 of 2023 registered under sections 307, 354, 323, 341, 379, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the five named accused persons including the petitioner herein are said to have misbehaved with the lady members of the informant's family. On the informant's telling them not to do so, it is stated that the accused persons came variously armed and on the orders of Anil Kumar, Laddu Singh fired from his pistol causing injuries to the informant on his left thigh. Others also resorted to firing with their pistols.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1086 of 2024(2) dt.18-01-2024 2/2 petitioner has been falsely implicated in the case. No such occurrence as alleged in the F.I.R. has taken place. Even as per the allegations, the firing leading to injury on the informant is specific on Laddu Singh. The petitioner is in custody since 2.8.2023 and has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the F.I.R. but he is said to have actively participated in the occurrence.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the petitioner being in custody since 2.8.2023, chargesheet having been submitted in the case and the petitioner not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Fatuha P.S. Case no.266 of 2023 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 A.C.J.M. 1st, Patna City, District Patna.

(Partha Sarthy, J) Saurabh/- U T