Ranjay Singh @ Petrol Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10268 of 2015 Arising Out of PS.Case No. -319 Year- 2013 Thana -BODHGAYA District- GAYA ====================================================== Ranjay Singh @ Petrol Singh, Son of Late Chandeshwar Singh, Resident of Village - Sareya, Police Station - Goh, District - Aurangabad. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Raghwendra Kumar For the Opposite Party/s : Mr. C.Jawahar(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner is apprehending his arrest in connection with Bodh Gaya (Cherki) P.S.Case No. 319 of 2013 registered under Sections 302, 201, 120B, 34 of the IPC and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. His name has surfaced on extra judicial confession of one Manoj Kumar after a lapse of eight months of lodging the FIR. Learned counsel further submits that the petitioner has had no role to play and therefore in view of the fact that his name has surfaced in the confessional statement he is entitled to anticipatory bail.
Patna High Court Cr.Misc. No.10268 of 2015 (6) dt.22-09-2015 Learned counsel for the informant, however, submits that the name of the petitioner having surfaced in the confessional statement and also because of the fact that one Sanjay Yadav, whose name has similarly surfaced, has not been extended the privilege of bail by this Court and the case of the petitioner being on a similar footing he is not entitled to privilege of bail. He further submits that the petitioner has criminal antecedents and therefore such protection may not be extended to him.
Learned counsel for the State after perusing the case diary has referred to several paragraphs of the case diary including confessional statement made by the said Manoj Kumar, who has also been referred to by the wife of the deceased while he was going away and after being called by the accused persons. In reply to the said submissions, learned counsel for the petitioner submits that the petitioner cannot be equated with the said Sanjay Yadav as the said Sanjay Yadav was said to be carrying a pistol and save and except the confessional statement there is no cogent material on the record. Even the wife of the deceased has not taken the name of the petitioner rather she has taken name of Sanjay Yadav, whose case has been rejected by this Court.
Patna High Court Cr.Misc. No.10268 of 2015 (6) dt.22-09-2015 been extended to privilege of bail in such cases, which is stated in paragraph-3 of the petition.
Considering the entire gamut of the submissions of the parties and that there is no cogent material in the case diary, let the petitioner, above named, in the event of his arrest or surrender in the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Bodh Gaya (Cherki) P.S.Case No. 319 of 2013 to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) spal/- U