Ajeet Singh @ Shootar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28983 of 2016 Arising Out of PS.Case No. -112 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Ajeet Singh @ Shootar S/o Suresh Singh R/o Vill. - Malhipur, P.S. - Barauni (Chakia), Dist. - Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shubhesh Pandey, Advocate. For the Opposite Party : Mr. Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Begusarai Town P.S. Case No. 112 of 2015 for the offences instituted under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story in brief, is that when the husband of the informant went to temple, as per his daily routine, eight persons, riding on four motorcycles shot fire upon the husband of the informant, resulting which, he died on the spot. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.12.2015. The charge sheet has been submitted in the present case and there is no allegation of

Patna High Court Cr.Misc. No.28983 of 2016 (4) dt.02-09-2016 2/2 tampering of evidence alleged against the petitioner. The petitioner is not named in the First Information Report and his name has come in the confessional statement of co-accused Abhishek Kumar @ Suman Kumar @ Sumant, whose statement has been recorded in para-37 of the case diary. It has further been submitted that as per aforesaid confession, the petitioner is the member of unlawful assembly. The main allegation has been made against Nepaliya and Sumant.

On behalf of the state it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 Begusarai Town P.S. Case No. 112 of 2015.

(Sudhir Singh, J.) Amit/- U T