Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86017 of 2019 Arising Out of PS. Case No.-554 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== AJAY KUMAR Son of Chulhan Gond @ Munna Prasad Gond Resident of Village - Kadirganj, P.S.- Darigaon, District - Rohtas. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sasaram Town P.S. Case No. 554 of 2019 for the offence registered under Sections 307, 504, 506/34 of the Indian Penal Code and Sections 25(I-B)A, 26 (ii), 27 and 35 of the Arms Act. The allegation is regarding 12 to 15 persons having arrived at the place of occurrence and had started firing on the informant and others whereafter they had fled away, however, one of the co-accused person namely Ritesh Kumar was arrested and one country made pistol and cartridge was recovered as also he disclosed the name of other co-accused persons including the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case

Patna High Court CR. MISC. No.86017 of 2019(2) dt.23-01-2020 2/2 and he is having a clean antecedent. Lastly, it is submitted the petitioner has been falsely roped in the present case upon the confessional statement made by the co-accused person Ritesh Kumar.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner coupled with the fact that the name of the petitioner has transpired in the present case on account of the confessional statement of the co-accused person, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram (Town) P.S. Case No. 554 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T