Ajay Singh @ Rangdar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35643 of 2024 Arising Out of PS. Case No.-781 Year-2023 Thana- BIHTA District- Patna ====================================================== Ajay Singh @ Rangdar SON OF BAHADUR SINGH R/O -Ekauna, P.S.- BARHARA, DIST- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bihta P.S Case No. 781 of 2023 dated 29.07.2023 registered for the offence punishable u/s 147, 148, 149, 302 of the Indian Penal Code of Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the co-accused persons were illegally cutting sand from the farm of the informant's father and villagers by the Poklan Machine. When the informant father's and villagers objected the same, all the accused persons started firing. In the meantime, the coaccused Anish Rai and Praveen fired on the chest of the
Patna High Court CR. MISC. No.35643 of 2024(2) dt.09-08-2024 2/3 informant's father due to that he died.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further submitted that the informant is not the eye witness in this case. The allegation of firing is against the co-accused persons, namely, Anish Rai and Praveen @ Biru, in this aspect, Section 27 of the Arms Act and Section 302 of the Indian Penal Code are not attracted against the petitioner. No specific allegation has been attributed against the petitioner. The allegation against the petitioner is general and omnibus. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused person has been granted anticipatory bail by this Court vide order dated 03.04.2024 passed in Cr. Misc. No. 8921 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of
Patna High Court CR. MISC. No.35643 of 2024(2) dt.09-08-2024 3/3 the like amount each to the satisfaction of the learned court concerned, Danapur (Patna) in connection with Bihta P.S. Case No. 781 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T