Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62257 of 2018 Arising Out of PS. Case No.-239 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Ajay Kumar Singh, S/o Late Binda Singh, R/o Vill.- Patkhauliya, P.S.- Muffasil, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 239 of 2018, registered under Sections 436 and 120(B) of the Indian Penal Code and Section 25(1b)a, and 26/35 of the Arms Act. The accusation is that on receiving information about committing murder of Vishal Singh by Hari Mohan Das of village Machhaha at his door, the informant along with other Police officials reached at the door of Hari Mohan Das then come to know that Ajay Singh (Petitioner), father of deceased Vishal Singh along with other villagers, had come there and took the dead body of his son Vishal Singh and set fire in the house of Hari Mohan Das. Further allegation of

Patna High Court Cr.Misc. No.62257 of 2018(2) dt.08-10-2018 2/2 informant is that while carrying the dead body of Vishal Singh, the petitioner along with others kidnapped one Shyamal Kumar, who, subsequently, killed and his dead body was concealed. On search, several arms were recovered in the 'Sareh', which were kept by the petitioner after putting fire at the house of Hari Mohan Das.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that Vishal Singh, son of the petitioner, was murdered by Hari Mohan Das and some unknown person put fire in his house, but the petitioner being the father of deceased Vishal Singh has falsely been implicated in this case. Further submission is that Chargesheet has already been submitted against the petitioner. The petitioner is in custody since 30.05.2018.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in connection with Muffasil P.S. Case No. 239 of 2018. (Rajendra Kumar Mishra, J) manish/- U T