Ashutosh Kumar Singh @ Ashutosh Kumar @ Ashutosh Singh @ Bittu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44984 of 2024 Arising Out of PS. Case No.-196 Year-2022 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== ASHUTOSH KUMAR SINGH @ ASHUTOSH KUMAR @ ASHUTOSH SINGH @ BITTU SINGH Son of Om Prakash Singh Resident of VillageMajharia, P.S.- Buxar (Industrial), District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudrank Shivam Singh For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-07-2025 Heard the parties.
2. The petitioner seeks bail in connection with Buxar (Industrial) P.S. Case No. 196 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the I.P.C. and Section 27 of Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 09.01.2024.
4. The allegation against the petitioner is to open fire alongwith other co-accused persons, where during the occurrence the brother of the informant received a gun shot injury out of which he died subsequently. It appears that occurrence took place in the background of ongoing land
Patna High Court CR. MISC. No.44984 of 2024(10) dt.31-07-2025 2/3 dispute.
5. Learned counsel appearing on behalf of the petitioner submitted that allegation of firing is general and omnibus against the petitioner who is a man of clean antecedent. It is submitted that still matter is pending for examination of the prosecution witnesses. While concluding the argument, it is submitted that deceased was treated in a private hospital and therefore probability of the manipulation of the injury report cannot be denied.
6. Learned APP duly assisted by Mr. Sunil Kumar learned counsel appearing for the informant while opposing the prayer of bail submitted that the injured eye witness namely Ajay Singh and others supported the occurrence during course of investigation. It is submitted that prayer of bail of similarly situated co-accused persons considering all such aspects has already been rejected by different learned Co-ordinate Benches of this Court though Cr. Misc. No. 27677 of 2023 dated 01.03.2024, Cr. Misc. No. 21837 of 2023 dated 22.05.2023 and Cr. Misc. No. 16074 of 2023 dated 06.09.2023 etc. It is further submitted that the trial is
Patna High Court CR. MISC. No.44984 of 2024(10) dt.31-07-2025 3/3 at its advanced stage and only the doctor is to be examined on behalf of the prosecution and, moreover, the delay in trial was caused by the petitioner himself.
7. Considering all such aspect as discussed aforesaid, as prayer of bail of similarly situated co-accused persons has already been rejected by different Co-ordinate Benches of this Court, where the trial of this case is in advanced stage, accordingly, the prayer of bail of petitioner stands rejected for the present.
8. Considering the submission by learned counsel for the petitioner as petitioner remains in custody since 09.01.2024, S.P., Buxar, is directed to ensure the presence of the only remaining witness i.e., Doctor, at its earliest so as the trial may be concluded within earliest possible time. (Chandra Shekhar Jha, J) Sudha/- U T