Ajay Singh @ Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17665 of 2019 Arising Out of PS. Case No.-166 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ajay Singh @ Ajay Kumar Singh Son of Late Dahaur Singh, Resident of Village- Lalgadh, P.S.- Shyampur Bhatahan, District- Sheohar at present resident of Village- Rasulpur Salim, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Senior Advocate Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 166 of 2017 registered under Sections 341/323/387/379/427/307/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that on 09.03.2017, the petitioner along with other accused persons, arrived at hotel of maternal uncle of the informant and demanded Rs. 48,000/- as ransom, showing that only Rs. 2,000/- has been paid out of total ransom amount of Rs. 50,000/-. It has further been alleged that the petitioner thereafter, fired two shots on the informant, but, somehow, the informant saved himself. Thereafter

Patna High Court CR. MISC. No.17665 of 2019(4) dt.16-07-2019 2/3 Rs.10,000/- was looted from the counter of the hotel. It has further been alleged that after sometime again petitioner along with his henchman came and assaulted the cousin and other family members of the informant.

Learned senior counsel, Mr. Yogesh Chandra Verma, appearing for the petitioner, submits that the petitioner has falsely been implicated due to previous enmity and there is admitted land dispute between the parties. He further submits that there is case and counter case and on the same day of occurrence, the petitioner has lodged Ahiyapur P.S. Case No. 165 of 2017 against the informant and other accused persons alleging therein, the assault made to the petitioner for demand of Rangdari, etc. He further submits that the case lodged by the petitioner is prior in time to the case lodged by the informant and the present case is a counter blast to the case lodged by the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that there is case and counter case and both sides have lodged cases, alleging assault and demand of Rangdari and further that no serious injury has been caused to the informant side, I am inclined to grant anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.17665 of 2019(4) dt.16-07-2019 3/3 Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 166 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Sujit/ S. Katyayan/- U T