Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13266 of 2023 Arising Out of PS. Case No.-353 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Ajay Singh Son Of Jagat Singh R/O Village- Rai Patti, Bhatahan, P.S.- Sugauli, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kuar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.

As per FIR, the allegation against the petitioner along with other co-accused is that under a criminal conspiracy they have committed the murder of informant's brother due to previous dispute, which is based on money transactions. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case merely on suspicion. The informant is not the eye witness of the alleged occurrence. There is no specific

Patna High Court CR. MISC. No.13266 of 2023(3) dt.11-07-2023 2/2 overt-act attributed against the petitioner. The petitioner has no concern with the deceased and he was not involved in the business of real estate. During investigation, no consistent material has come to show the complicity of the petitioner. Other co-accused Niraj Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 24.08.2022 passed in Cr. Misc. No. 71374 of 2021. It is also submitted that petitioner is languishing in judicial custody since 13.07.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ghorasahan P.S. Case No. 353 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 the learned A.C.J.M.-IIIrd, Sikrahana, Dhaka, East Champaran.

(Sunil Kumar Panwar, J) lata/- U T