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Patna High CourtCR. MISC./33192/2020bail granted

Ashok Singh v. The State Of Bihar

2021-03-05Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33192 of 2020 Arising Out of PS. Case No.-51 Year-2020 Thana- BHORE District- Gopalganj ====================================================== ASHOK SINGH Son of Ramjee Singh @ Ramji Rai Resident of VillageLamichaur, P.S.- Bhore, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arvind Kumar For the Opposite Party :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Bhore P.S. Case No. 51 of 2020, registered for the offence punishable under Sections 341, 323, 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

A First Information Report was registered against unknown with the allegation that three persons riding in a motorcycle intercepted the informant, snatched the key of his motorcycle and when the informant started fleeing away, they shot at him with pistol leading to firearm injuries in vital parts of the body including abdomen. On the basis of suspicion, some persons were apprehended. The petitioner's name also transpired during the course of investigation as member of a criminal gang involved in commission of similar offence.

Patna High Court CR. MISC. No.33192 of 2020(9) dt.05-03-2021 2/3 Case diary has been called for, which is available. It transpires that allegedly co-accused Ashutosh Mishra and Pintu Kumar are said to have confessed before the police about their involvement in the commission of the crime. On perusal of their alleged confessional statement, it is evident that they have not disclosed the name of the petitioner as a person, who had participated in commission of the offence, rather, according to them, he was associated with them generally in commission of such crimes.

Learned counsel appearing on behalf of the petitioner has drawn my attention to an order of this Court dated 18.08.2020 passed in Cr. Misc. No. 22181 of 2020, whereby coaccused Ashutosh Mishra has been allowed regular bail by this Court. He has further submitted that in similar circumstance one Munna Mian has also been allowed regular bail by this Court by an order dated 26.02.2021 passed in Cr. Misc. No. 36401 of 2020.

Considering the facts and circumstances, as noted above, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.33192 of 2020(9) dt.05-03-2021 3/3 learned C.J.M., Gopalganj, in Bhore P.S. Case No. 51 of 2020. The Court has noticed the statement made in paragraph 3 of the application to the effect that the petitioner has criminal antecedent inasmuch as he has been implicated in four cases other than the present case. In connection with the present Bhore P.S. Case No. 51 of 2020, the petitioner is in custody since 22.06.2020.

(Chakradhari Sharan Singh, J) Pawan/- U T