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Patna High CourtCR. MISC./9620/2023allowed

Ajay Kumar Singh @ Ajay Singh v. The State Of Bihar

2023-05-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9620 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Ajay Kumar Singh @ Ajay Singh Son Of Late Ramchandra Singh Resident Of Village - Babu Tola, P.S.- Chiraiya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the brother of the informant by unknown motorcycle borne criminals. The accused persons have covered their faces through helmet and masks. The informant identified one miscreant as Baleshwar Sahni.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.9620 of 2023(3) dt.10-05-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of Chhotu Singh. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. The allegation against the petitioner is general and omnibus. The petitioner is languishing in custody since 29.11.2022.

Learned counsel appearing on behalf of the informant and leaned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that petitioner conspired in the commission of murder of the brother of the informant and co-accused Chhotu Singh has taken the name of the petitioner as one of his associates.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.9620 of 2023(3) dt.10-05-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana, East Champaran in connection with Chiraiya P.S. Case No. 153 of 2022.

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