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Patna High CourtCR. MISC./36970/2025rejected

Ajay Rabidass @ Himanshu Raj v. The State Of Bihar

2025-08-08Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36970 of 2025 Arising Out of PS. Case No.-449 Year-2022 Thana- BARH District- Patna ====================================================== Ajay Rabidass @ Himanshu Raj S/o Baleshwar Mochi R/o Village- Nijampur, P.S.- Athmalgola, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar Singh, Advocate For the State :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-08-2025 Heard Mr. Binay Kumar Singh, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 19.02.2025, in connection with Sessions Trial No. 617 of 2023 arising out of Barh P.S. Case No. 449 of 2022, F.I.R. dated 13.07.2022 registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he along with other co-accused persons started indiscriminate firing due to which the informant's son and his friend namely Vinay Pandey were injured and referred to Patna for better medical treatment but both died on the way.

Patna High Court CR. MISC. No.36970 of 2025(3) dt.08-08-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of CCTV footage but the informant has not identified the petitioner on the basis of CCTV footage and the name of the petitioner has been transpired on the basis of information furnished by the spy and thereafter the petitioner has confessed his guilt in the present occurrence and the petitioner is in custody since 19.02.2025.

5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the present case is of double murdered and the petitioner has confessed his guilt and apart from that it has come during investigation on the basis of CCTV footage that the petitioner was present at the place of occurrence and apart from that he has participated in the present crime. He further submits that the regular bail application of co-accused person namely Thappu Singh @ Harishankar Singh @ Pappu Singh has been rejected by a Coordinate Bench of this Court vide order dated 16.02.2023 passed in Cr. Misc. No. 64887 of 2022, another regular bail application of co-accused person namely Bittu

Patna High Court CR. MISC. No.36970 of 2025(3) dt.08-08-2025 3/3 Kumar @ Deepak Kumar has been rejected by this Court vide order dated 20.03.2024 passed in Cr. Misc. No. 16989 of 2024 respectively.

6. Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 617 of 2023 arising out of Barh P.S. Case No. 449 of 2022 pending in the Court of learned A.D.J. 1st, Barh, Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T