Ajerul @ Ajarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1045 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- PAHARKATTA District- Kishanganj ====================================================== Ajerul @ Ajarul S/o Sohrab Resident of Village- Khajurbari, P.S.- Pothiya, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate Mr. Rajnish Kumar, Advocate Mr. Sarvottam Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no. 184 of 2024, arising out of Paharkatta P.S. Case no.56 of 2024 registered under sections 302 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that he received information about his brother having been killed on his throat having been slit.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. In course of investigation the confessional statement of one Md. Suleman was recorded wherein he allegedly confessed to have killed the informant's brother. It is further submitted that even as per the prosecution case at best, the witnesses in paragraph nos.17 and

Patna High Court CR. MISC. No.1045 of 2025(3) dt.09-04-2025 2/2 18 of the case diary have stated that the petitioner was seen fleeing from the place of occurrence. Learned counsel submits that the petitioner is innocent. He is in custody since 3.6.2024 and charge has been framed in the learned trial Court.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation wherein the petitioner is not said to be the assailant of the deceased, the only material that has transpired being that the petitioner was seen fleeing from the place of occurrence together with the petitioner having remained in custody for 10 months since 3.6.2024 and charge having been framed in the learned trial Court, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 184 of 2024 (arising out of Paharkatta P.S. Case no.56 of 2024) 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 Sessions Judge, Kishanganj.

(Partha Sarthy, J) avinash/- U T