Gore Singh @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41381 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== 1.
Gore Singh @ Ajay Kumar SON OF RAM PRAVESH SINGH RESIDENT OF VILLAGE - SABALPUR, P.S.- RAJGIR, DISTT- NALANDA 2.
KARU SINGH @ DHANANJAY SINGH SON OF RAM PRAVESH SINGH RESIDENT OF VILLAGE - SABALPUR, P.S.- RAJGIR, DISTTNALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Adv.
For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Rajgir P.S. Case No. 135 of 2023 dated 09.03.2023 registered for the offence/s punishable u/ss 147, 148, 149, 341, 323, 324, 386, 307, 379 and 504 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have come to the shop of the informant and started demanding Rangdari. When the informant and his brother protested, they took out Rs. 12000/- from the Galla and they started abusing and assaulting them. When one
Patna High Court CR. MISC. No.41381 of 2024(2) dt.30-08-2024 2/3 Rakesh Kumar protested, all the accused persons assaulted him and the co-accused, Prahalad Kumar assaulted on his head with the butt of the pistol causing injury and he also fired on the informant which did not hit the informant.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is case and counter case between the parties. Learned counsel for the petitioner has further submitted that there is no specific allegation against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The similarly situated co-accused has been granted bail by this Court vide order dated 01.04.2024 passed in Cr. Misc. No. 16054 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees
Patna High Court CR. MISC. No.41381 of 2024(2) dt.30-08-2024 3/3 twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rajgir, Nalanda in connection with Rajgir P.S. Case No. 135 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