Ajay Singh @ Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5310 of 2022 Arising Out of PS. Case No.-229 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== AJAY SINGH @ AJAY KUMAR SINGH S/o Harihar Singh R/o Village - Gijwahi, P.S. - Sasaram Mufassil, District - Rohtas (Sasaram). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikramdeo Singh, Advocate Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, APP For the Informant :

Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State as well as learned counsel for the informant. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sasaram Mufassil P.S. Case No. 229 of 2021 registered for the offence under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 15.09.2021.

The allegation against the petitioner is of firing upon the informant, with intention to cause his death and also to take

Patna High Court CR. MISC. No.5310 of 2022(6) dt.19-09-2022 2/3 some valuables, belongs to the informant.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is brick kiln owner running activities from the land belongs to the deceased, which is in possession of this petitioner in furtherance of an agreement, where, out of civil dispute, the present false criminal case has been lodged. It is also submitted that no firearm injury caused to the informant. It is also pointed out that the petitioner is involved in 05 criminal cases, where, he is on bail in all cases. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, submitted that the agreement in issue is forged but fairly conceded the fact that enmities were founded over unauthorised possession over land, belongs to informant.

Considering the facts and circumstances as mentioned above and also by considering the custody period, where, occurrence appears to be founded over disputed land possession coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sasaram Mufassil P.S. Case

Patna High Court CR. MISC. No.5310 of 2022(6) dt.19-09-2022 3/3 No. 229 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge16, Rohtas, Sasaram/concerned court, subject to the following conditions:

"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/- U T