Ashish Singh @ Ashish Anand @ Raja @ Raja Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34321 of 2021 Arising Out of PS. Case No.-84 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== ASHISH SINGH @ ASHISH ANAND @ RAJA @ RAJA SINGH Son of Gopal Singh Resident of Village - Babhangama, P.S. birpur, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 8-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the four named accused persons including the petitioner herein and 2 to 3 unknown persons came on their scorpio vehicle at the chowk. There was confrontation between the two groups over purchase of liquor. The groups assaulted each other. Thereafter, it is stated that the accused persons went away on their scorpio vehicle but soon thereafter they returned and as a result of their rash driving, they crashed their vehicle into the persons standing

Patna High Court CR. MISC. No.34321 of 2021(5) dt.8-02-2022 2/3 near the tobacco shop as a result of which two persons namely Md. Badrujama and Deepak Kumar died on the spot. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has not been named as the driver of the vehicle. He has no motive to commit the alleged offence. In course of investigation no place of occurrence was shown to the Investigating Officer in the sense that there was no blood spot etc. The two F.I.R. named eye- witnesses namely Md. Najrul and Md. Javed have not been examined in course of investigation. Other co-accused namely Ranjit Singh has been granted bail vide order dated 13.1.2020 passed in Cr. Misc. no. 67205 of 2019 and Rohit Kumar has been granted bail vide order dated 14.11.2019 passed in Cr. Misc. no. 66691 of 2019. The petitioner is in custody since 6.3.2021 and has no criminal antecedent. Charge sheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State who submits that it has transpired in course of investigation in the further statement of the informant as also in the statement of the witness Md. Mukhtar that it was the petitioner who was driving the vehicle. Further, it has been submitted that in the above referred order dated 14.11.2019

Patna High Court CR. MISC. No.34321 of 2021(5) dt.8-02-2022 3/3 passed in Cr. Misc. no. 66691 of 2019 granting bail to Rohit Kumar, this Court took note of the submission made on behalf of the petitioner that the specific allegation was against coaccused Ashish Singh and not the petitioner therein. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the material that has transpired in course of the investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Prakash/- U