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Patna High CourtCR. MISC./1948/2020allowed

Ajeet Kumar @ Ajeet Singh v. The State Of Bihar

2020-05-29Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1948 of 2020 Arising Out of PS. Case No.-477 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ajeet Kumar @ Ajeet Singh Son of Late Baiju Singh Resident of Village - Badi apu, P.S.- Muffasil, Distt - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy, Advocate For the state :

Mr.Akshay Lal Pandit, APP For the Informant : Mr. Sandip Kr. Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the parties.

The petitioner seeks bail in Muffasil P.S. Case No. 477 of 2019, registered for the offences punishable under Section 324, 307 and 34 of the Indian Penal Code and section 27 of the Arms Act.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. The present case is counter blast of the case lodged by petitioner's side bearing Mufassil PS Case No. 476 of 2019 dated 8.9.2019 under sections 307/34 of the IPC and 27 of the Arms Act against the

Patna High Court CR. MISC. No.1948 of 2020(3) dt.29-05-2020 2/3 informant and others. It is further submitted that occurrence took place in the mid night and firing took place from both sides. Admittedly, there is land dispute between the parties. Petitioner is in custody since 09.09.2019.

Learned counsel for the informant opposes the prayer for bail and he submits that the petitioner is the assailant who fired upon the injured on his chest which caused serious injury. Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 477 of 2019 subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.1948 of 2020(3) dt.29-05-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T