Gajendra Singh @ Gajia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29171 of 2021 Arising Out of PS. Case No.-7 Year-2020 Thana- BAUSI District- Araria ====================================================== GAJENDRA SINGH @ GAJIA S/o Late Suresh @ Nirkhu Singh Resident of Village- Narki (Nadhaki), P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act to which sections 302 and 120B of the Indian Penal Code were added subsequently.

As per the prosecution case, while the father of the informant was in his shop, 4-5 accused persons came on 2-3 motorcycles, called the father of the informant and thereafter shot him. It is further stated by the informant that his father told him that he had been shot by Shashi Yadav because of land dispute.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired

Patna High Court CR. MISC. No.29171 of 2021(3) dt.30-11-2021 2/2 in course of investigation. There is no material in the investigation to connect him with the alleged crime. The only material being used against him is that he happens to be a close associate of the main accused Shashi Yadav. There are no eye witness to the occurrence. The petitioner is in custody since 22.1.2020 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for 1 year 10 months, the Court directs the petitioner to be enlarged on bail in connection with Baunsi P.S. Case no. 7 of 2020, G.R. no. 150 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Araria.

(Partha Sarthy, J) Prakash/- U