Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14712 of 2020 Arising Out of PS. Case No.-204 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== AJAY RAI, aged about 35 years, Gender-Male, Son of Pradeep Rai, Resident of Village - Bahuara, P.S.- Patepur, District - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anirudh Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Shyam Bihari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the son of the informant Puneet Paswan was sleeping in the night after taking meal on 22.08.2019. On 23.08.2019 at about 00.30 hours, she awoke after hearing the sound of firearm and saw four-five miscreants were fleeing from her house. Then she went to her son and saw that her son had died and his body was smeared with blood. 5-7 days ago, the villager Jagdish Panjiyar had threatened her younger son Vijay Kumar that he would shoot Puneet Paswan. The petitioner and co-accused are members of

Patna High Court CR. MISC. No.14712 of 2020(2) dt.02-03-2020 2/3 one group and they are criminals. There are several cases registered against them. Therefore, the informant believes that the petitioner alongwith co-accused shot her son died. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 19.09.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The name of the petitioner has come in the present case on the basis of suspicion. Except for this, Neither there is substantive evidence to suggest the implication of the petitioner nor there is circumstantial evidence to suggest the participation of the petitioner in the present case. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 1569 of 2020 under order dated 23.01.2020.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.

Patna High Court CR. MISC. No.14712 of 2020(2) dt.02-03-2020 3/3 XIV, Vaishali at Hajipur, in connection with Patepur P.S. Case No. 204 of 2019.

(Sudhir Singh, J) U.K./- U T