Ajay Singh @ Ajay Mahanth v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8686 of 2024 Arising Out of PS. Case No.-277 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Ajay Singh @ Ajay Mahanth Son of late Arjun Singh Resident of VillageBhadas South, P.S.-Muffasil, Distt.-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Singh, Advocate Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.109 of 2023 arising out of Khagaria (Mufassil) P.S. Case no.277 of 2022 registered under sections 307, 353 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that on receiving information about the accused persons having gathered near the place of occurrence, the informant and other police personnel proceeded and surrounded them. It is stated that the accused persons started to flee away and some sound of firing was heard which went pass the Sub-Inspector of Police. It
Patna High Court CR. MISC. No.8686 of 2024(2) dt.20-02-2024 2/3 is further stated that Chowkidar identified the petitioner and one another fleeing away.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No such occurrence as alleged has taken place. The cause of false implication of the petitioner is his criminal antecedent. No person was injured in the occurrence. Inspite of the occurrence having taken place late in the night at about 3.15 am and the police station being at a distace of 8 kms, the information was given at the police station after much delay at 1 pm. The petitioner is in custody since 12.7.2022 and charge has been framed in the learned trial Court.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., submissions made by the learned counsel for the petitioner, no person having been injured in the occurrence, the petitioner being in custody for 1 year 7 months since 12.7.2022 and charge having been framed in the learned trial Court, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.109 of 2023 arising out of Khagaria(Mufassil) P.S. Case no.277 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.8686 of 2024(2) dt.20-02-2024 3/3 amount each to the satisfaction of the learned Additional Sessions Judge-VIIth, Khagaria.
(Partha Sarthy, J) Bibhash U T