Ajay Singh @ Rangdar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46128 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== AJAY SINGH @ RANGDAR Son of Birbahadur Singh Resident of Village - Ekawana, P.S.- Barhara, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Koilwar P.S. Case No. 55 of 2022 for the offence registered under Sections 147, 148, 149 and 302 of the Indian Penal Code. The case of the prosecution, in brief, as per the written report of the daughter of the deceased Sanjeet Kumar, namely, Lovely Sharma, is that on 21.01.2022 at about 10:00 A.M., her father Sanjeet Kumar had gone to Balughaat, Kamaluchak, Koilwar for Bhoomi Pujan, however, he did not return in the evening and then she came to know from the police that two persons have been killed on account of gun shot injuries and their dead bodies are kept at Sadar Hospital, Ara, whereafter the informant is stated to have reached at the hospital and identified
Patna High Court CR. MISC. No.46128 of 2022(2) dt.16-12-2022 2/3 the dead body of her father. It is further alleged by the informant that she was told by the friends of her father, who were accompanying him that 26 named accused persons and 3035 unknown accused persons had resorted to indiscriminate firing resulting in father of the informnat being inflicted with gun shots injuries in his stomach and the friend of the father of the informant, namely, Durgesh, sustaining injuries on his head, leading to their death on the spot.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 09.05.2022. The learned counsel for the petitioner has submitted that though the petitioner is accused in three other criminal cases, lodged for minor offences, however, he is on bail in two of them. It is further submitted that similarly situated several co-accused persons have been granted bail by Co-ordinate Benches of this Court vide various orders passed in Criminal Misc. No. 29826 of 2022, Criminal Misc. No. 17621 of 2022, Criminal Misc. No. 16989 of 2022, Criminal Misc. No. 33317 of 2022, Criminal Misc. No.25296 of 2022 and Criminal Misc. No. 26057 of 2022. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Patna High Court CR. MISC. No.46128 of 2022(2) dt.16-12-2022 3/3 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that there is no specific allegation of the petitioner having fired any gun shots apart from the fact that similarly situated co-accused persons have already been granted bail by Co-ordinate Benches of this Court, I deem it fit and proper to direct for release of the petitioner herein on regular bail.
Accordingly, the petitioner, above named, is directed to 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 learned C.J.M., Bhojpur at Ara in connection with Koilwar P.S. Case No. 55 of 2022.
(Mohit Kumar Shah, J) S.Sb/SauravU T