Ajeet Kumar @ Rangdarva @ Gulli Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 23179 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== AJEET KUMAR @ RANGDARVA @ GULLI JEE Son of Ram Ekwal Singh Resident of Village- Daudnagar, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kunwar Ajit Singh For the Opposite Party/s :
Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-08-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and Ms. Suman Kumari Singh, the learned APP for the State. The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Bidupur PS case no. 11 of 2020 under Sections 399, 402, 413, 414 of Indian Penal Code and Sections 25(1-b), 26, 35 of Arms Act, inasmuch as the earlier prayer of the petitioner for grant of regular bail was rejected by this Court vide order dated
Patna High Court CR. MISC. No.23179 of 2021(3) dt.25-08-2021 2/3 02.11.2020, passed in Cr. Misc. no. 27498 of 2020. The case of the prosecution, according to the informant, is that on 11.01.2020 at about 9 P.M., he got secret information that some miscreants have assembled near Dilawar Chowk at Station road and were planning to commit some crime, whereafter he along with the raiding party had reached at the place of occurrence and had managed to apprehend some of the miscreants, one of them being the petitioner herein and from the possession of the petitioner, a country made pistol, one live cartridge and a mobile phone were recovered apart from recovery of three motorcycles from the spot, documents whereof could not be produced by the petitioner and other miscreants.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 13.01.2020. It is further submitted that on the last occasion, the prayer of the petitioner for grant of regular bail was rejected, primarily on the ground that the petitioner is an accused in 05 other cases, however during the interregnum period, the petitioner has been granted bail in all the said 05 cases, as would be apparent from the supplementary affidavit filed in the present case, hence it is
Patna High Court CR. MISC. No.23179 of 2021(3) dt.25-08-2021 3/3 prayed that some leniency may be shown towards the petitioner who has sufficiently been punished on account of his incarceration.
Per contra, the learned A.P.P. for the State Ms. Suman Kumari Singh has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the fact that now, the petitioner has been enlarged on bail in the other 05 criminal cases, I deem it fit and proper to admit the petitioner to the privilege of bail, accordingly the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of C.J.M. Xth, Vaishali at Hajipur in connection with Bidupur PS case no. 11 of 2020. (Mohit Kumar Shah, J) rinkee/- U T