Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74981 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- SULTANGANJ District- Patna ====================================================== Aman Kumar S/o Ganesh Prasad @ Ganesh Kumar R/o Shiv Durgalay Lane Jhopadpatti,P.S. Sultanganj,Distt.-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ankit Katriar For the Opposite Party/s :
Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Sultangaj P.S. Case No. 97 of 2018, registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is regarding three persons (one F.I.R. named and two unknown persons) having approached the informant, whereafter, the F.I.R. named accused person, namely, Sanjay is said to have fired upon the informant and then, all the three persons had fled away. The name of the petitioner is stated to have transpired upon a confessional statement having been made by the co-accused person, namely, Sanjay Kumar.
Patna High Court Cr.Misc. No.74981 of 2018(2) dt.14-12-2018 2/3 The learned counsel for the petitioner submits that as far as the petitioner is concerned, he is pursuing his studies and has got no criminal antecedent as well as has been falsely implicated in the present case with ulterior motives. It is further submitted that admittedly, the allegation of firing gunshot is against the coaccused, namely, Sanjay Kumar and not against the petitioner, hence, the allegations levelled by the informant is not attributable to the petitioner herein. Lastly, it is submitted that till date, no T.I.P. has been conducted in view of the fact that the informant has claimed to have seen all the three accused persons, thus the petitioner cannot be connected with the alleged crime. Hence, the submission of the learned counsel for the petitioner is that there is no evidence, whatsoever, to connect the petitioner with the alleged crime. It is submitted that the charge sheet has already been filed, hence, the prosecution will not be prejudiced.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each
Patna High Court Cr.Misc. No.74981 of 2018(2) dt.14-12-2018 3/3 to the satisfaction of learned A.C.J.M., VI, Patna City, Patna in connection with Sultanganj P.S. Case No. 97 of 2018. (Mohit Kumar Shah, J) ajay gupta/- U T