Ajay Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19522 of 2019 Arising Out of PS. Case No.-108 Year-2018 Thana- BIHIA District- Bhojpur ====================================================== AJAY KUMAR @ RAJA Son of Lalit Kumar Singh @ Lakhan Jee Resident of Village - Anaith, PS- Ara Nawada, Distt - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 394, 302 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that unknown motorcycle riders stopped the motorcycle of Mohan Ji Pandey and shoot bullets on him, due to which he became injured seriously and was taken to the Hospital and during treatment the victim died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.12.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has been made accused on the basis of

Patna High Court CR. MISC. No.19522 of 2019(5) dt.24-09-2019 2/2 his self confession made in connection with antoher case. There is no recovery of any looted article from the possession of the petitioner. Except for suspicion, there is no other substantive evidence to suggest his implication in this case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not 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 learned Additional Chief Judicial Magistrate V, Ara, Bhojpur in connectin with Bihiya P.S. case No.108 of 2018.

(Sudhir Singh, J) Narendra/- U T