Md. Ajaj @ Md. Illiyash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28596 of 2020 Arising Out of PS. Case No.-310 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== Md. Ajaj @ Md. Illiyash (Male) aged about 25 years Son of Md. Indris Miya, R/O Village- Chand Savai, P.S.- Jandaha District- Vaishali at Hajipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-03-2021 Heard Mr. Nawal Kishore Singh, learned counsel for the petitioner and Mrs. Pushpa Sinha, learned counsel appearing for the State.
Petitioner seeks regular bail in connection with Jandaha P.S. Case No. 310 of 2018 registered for the offence punishable under Sections 147, 148, 149, 302, 307, 326, 384 of the IPC, Section 27 of the Arms Act, Section 3 of the Explosives Substances Act and Sections 13 / 16 / 19 / 20 of the Unlawful Activities Prevention Act, 1967.
The allegation as per the First Information Report is that the petitioner along with other accused persons dragged the informant's brother namely, Rishikesh Jha out of his house and shot 05 bullets in his chest and head causing his death. It has further been alleged that Rishikesh Jha had installed water R.O. plant and "Patta Udyog" in the village 02 years back and the accused persons were demanding extortion money. It has also been alleged that the miscreants while fleeing away also raised
Patna High Court CR. MISC. No.28596 of 2020(6) dt.01-03-2021 2/3 slogan "Rishikesh Murdabad, Maowadi Zindabad". Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he is not named in the F.I.R. Learned counsel next submits that the name of petitioner has transpired in this case on the basis of confessional statement of Ritu Devi, who has been granted bail by this court in Cr. Misc. No. 43046 of 2019. Learned counsel next submits other similarly situated accused persons have been granted bail by this Court.
On the other hand, learned counsel for the State referring to the impugned order submits that similar argument was advanced before the learned court below on behalf of the petitioner and the learned court below after taking into consideration the case diary and other materials on record has come to the conclusion that the confessional statement of Ritu Devi discloses the role of the accused-petitioner to be that of opening firing upon the deceased and the post-mortem report of the deceased- Rishikesh Jha also reveals fire arm injuries over his left chest, upper neck, below left eye, left lower abdomen and left upper back, which were the cause of death.
Patna High Court CR. MISC. No.28596 of 2020(6) dt.01-03-2021 3/3 and accordingly it came to the conclusion that the petitioner's alleged role is different from those of the accused persons who have been allowed bail by this Hon'ble Court. Learned counsel further submits that this court may not hold mini trial by considering the admissibility of evidence at this stage. After having heard learned counsel for the parties and taking into consideration the materials available on record and the reasons mentioned in the impugned order by the court below, I find no reason to differ with the prima facie findings of the learned court below.
Accordingly, the present petition stands rejected. (Anil Kumar Sinha, J) praful/- U T