Rambyas Singh @ Kamandar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6978 of 2022 Arising Out of PS. Case No.-656 Year-2021 Thana- BIHTA District- Patna ====================================================== Rambyas Singh @ Kamandar Son Of Ramadhar Singh R/O VillageKisunpur, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Advocate For the informant :
Mr. Ajay Kumar Singh No. 1, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.
The prosecution case, in short, is that on 04.09.2021, in the night, the informant got information that there was firing at his plot and when he proceeded to his plot with his brother and uncle, then in the way, they saw that the petitioner along with other co-accused were fleeing away from there. When they reached at the spot, they found that his brother and one Pradip
Patna High Court CR. MISC. No.6978 of 2022(3) dt.20-07-2022 2/3 Kumar were shot dead by fire arm and one Ajit Kumar Singh also received fire arm injury on his head, who was admitted in the hospital. It is further alleged that the petitioner along with three named and many unknown persons have committed two murder as aforesaid and they were seen by the informant while fleeing away after committing the occurrence. Learned counsel for the petitioner submits that the petitioner is innocent. There is no eye-witness of the occurrence. During the course of investigation, witnesses have clearly stated that the petitioner has been falsely implicated in this case only due to alleged dispute of repayment of money. It is further submitted that during the course of investigation one Ravindra Kumar @ Chhotu was arrested on 16.09.
2021 in connection with Bihta P.S. Case No. 685 of 2021 and on the same day, he was remanded in this case and he confessed his guilt and stated that deceased Rahul Kumar Singh has fraudulently taken land from his "Mausi" namely, Sunita Devi and was constructing boundary on the land so he alongwith Chotu @ Rajan Pujari went there at night and fired shot due to two person died and one got injured. The petitioner is in custody since 07.09.2021 and charge-sheet has been submitted in the case. Learned A.P.P.
Patna High Court CR. MISC. No.6978 of 2022(3) dt.20-07-2022 3/3 prayer for regular bail of the petitioner.
Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Danapur, Patna in connection with Bihta P.S. Case No. 656 of 2021.
(Khatim Reza, J) Gaurav Kumar/- U T