Ajay Singh @ Ajju @ Ajju Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14818 of 2024 Arising Out of PS. Case No.-718 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Ajay Singh @ Ajju @ Ajju Singh Son of Late Rajdeo Singh R/o VillageKharsot, P.S.- Bodh Gaya, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kr. Thakur, Adv.
:
Ms.Vaishnavi Singh, Adv For the Opposite Party/s :
Mr.Jagdhar Prasad, APP For the Informant :
Mr. Lalan Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner, counsel for the informant and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bodh Gaya P.S. Case No.718 of 2023 lodged under Sections 302, 201 and 34 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom the informant has alleged that his son went at the Tempo stand to leave his relatives, but not returned. On the next day, information was communicated to him that dead body is kept near Ahra. When informant reached there, he found dead body of his son.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.14818 of 2024(3) dt.24-04-2024 2/3 petitioner is innocent and has committed no offence. He submits that during investigation on secret information, the police has found one lady, namely, Karuna Devi who has alleged herself to be eye witness of the occurrence and she has disclosed three names including the petitioner for commission of crime of murder.
5. Counsel also submits that case diary has been called for and in the case diary, post-mortem report is attached. From the post-mortem report, there is external and internal injury which are mentioned by the doctor. It is true that there is no external injury found on the body of the deceased. He further submits that in the internal injury, abdominal cavity, chest cavity and swollen on both side of lung are there. Meaning thereby, at the time of death, the deceased was in the contact of water.
6. Counsel further submits that parts of the dead body were sent to FSL Patna for chemical analysis. He further submits that it creates doubt that it may happen that deceased was in contact with the alleged Karuna Devi and the said Karuna Devi has provided poison to him which may be result of cause of death.
7. Learned counsel for the State opposes the prayer for bail.
Patna High Court CR. MISC. No.14818 of 2024(3) dt.24-04-2024 3/3
8. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the said Karuna Devi has categorically stated before the police and the Magistrate under sections 161 and 164 of Cr.P.C. that it is the petitioner along with two persons have killed the deceased in her presence and she has disclosed her narration being eyewitness.
9. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected at present.
(Dr. Anshuman, J.) Prakashmani/- U T