Rajnish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7070 of 2020 Arising Out of PS. Case No.-32 Year-2017 Thana- SOHSARAI District- Nalanda ====================================================== RAJNISH KUMAR SINGH Son of Shiv Shankar Singh Resident of Village - Anand Golba, P.S.- Mohaddinagar, District- Samastipur ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Chandra For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-06-2020 The present case was heard at length on 29.05.2020 and it has been listed today "For Orders".
The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 32 of 2017 for the offence punishable under Section 396 of the Indian Penal Code.
The case of the prosecution in brief is that on 27.02.2017 at about 1.05 P.M. while the informant was sitting at his shop of tea and breakfast, he got information that his brother has been shot at on the 17 number bypass, whereafter the informant is said to have gone to the place of occurrence and found his brother namely Ranjit Kumar Verma lying in a pool of blood along with one guard namely Brijnandan Singh and the police party were lifting them and loading them in the Jeep. The people present there informed the informant that one
2/4 vehicle of a company, which was being used to carry money of the company, had stopped near the petrol pump, whereafter the brother of the informant and the guard of the company had got down from the said vehicle along with a bag, whereupon the driver of the vehicle had fled away with the vehicle. Subsequently, miscreants had come on the motorcycle and fired gun shots on the brother of the informant as also on the guard and then the said three miscreants took the bag from the brother of the informant whereafter the said three miscreants had fled away on their motorcycle. It is further alleged that the driver of the aforesaid vehicle is one Yogendra Kumar. The learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R.
and the name of the petitioner has transpired in the present case upon confessional statement having been made by the co-accused Lalan Singh. It is further submitted that the petitioner was taken into custody in one another case on 13.04.2017, bearing Barh P.S. Case No. 87 of 2017 and thereafter the petitioner has been remanded in the present case as also in four other cases, hence, the petitioner is languishing in custody since about 2 years and one month.
3/4 connect the petitioner with the alleged crime. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.
I have heard the learned counsel for the parties, perused the materials available on record as also perused the case diary. It is apparent from a bare perusal of the materials on record as also the case diary that two persons were killed in a case of attempted loot and the accused persons had fled away with the bag in question and it has transpired during the course of investigation that the petitioner along with his brother and Lalan Singh, Manish Kumar Singh and Rajnish Kumar Singh had committed the aforesaid gruesome murder of two persons while committing loot and the police has also filed a chargesheet against the accused persons including the petitioner herein dated 31.01.2020 under Section 396 of the Indian Penal Code, hence the complicity of the petitioner in the alleged crime cannot be ruled out.
4/4 other accused persons, I do not find the present case to be a fit case for grant of regular bail, hence, the same is dismissed. (Mohit Kumar Shah, J) Tiwary/- U T