Rajiv Singh @ Rajeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24536 of 2020 Arising Out of PS. Case No.-191 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== RAJIV SINGH @ RAJEEV SINGH, Son of Ram Balak Singh, Resident of Village- Ratanpur, P.S.- Town (Ratanpur O.P.), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Mukesh Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State through virtual court proceedings.

The petitioner seeks bail in a case registered for the offence punishable under Sections 353/307/120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution in short is that on 13.03.2020 informant ASI of Town P.S. along with other police personnel were deputed on duty at Nagar Nigam Office on the occasion of settlement of tender of latrine and Bus Stand, Begusarai. In the meantime, at about 12.15 pm some persons started quarrel. The informant on hulla went there but all of a sudden one Ashok Yadav, Home Guard Jawan received fire arms injury in his thigh. The police party wanted to catch the culprit but others

Patna High Court CR. MISC. No.24536 of 2020(4) dt.09-11-2020 2/3 also fired upon which all the persons fled away. On query, informant learnt that FIR named accused persons and 10-12 unknown persons were indulged in firing. The police recovered and seized four empty cartridges and two live cartridges from the P.O. and prepared seizure list.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence. The petitioner story is false and concocted and he has falsely been implicated in this case. The petitioner has not been identified by the informant and other persons. There is no material and positive evidence against the petitioner. There is no specific allegation of Mar-pit against the petitioner. The petitioner is in jail custody since 23.03.2020.

Learned counsel for the informant submits that the petitioner is named in the FIR. Charge sheet has been submitted against the petitioner and others. Witnesses have supported the allegation in paras 9 and 10 of the case diary. The injured persons have also supported the complicity of the petitioner in paras 77 and 80 of the case diary. There is no allegation against the petitioner of tampering of witnesses.

Learned APP for the State opposes the prayer for bail petition.

Patna High Court CR. MISC. No.24536 of 2020(4) dt.09-11-2020 3/3 Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 191 of 2020.

(Anjani Kumar Sharan, J) amitkumar/- U T