Patna High CourtCR. MISC./51170/2023bail granted

Ashok Singh @ Ashok Kumar Singh v. The State Of Bihar

2023-10-11Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51170 of 2023 Arising Out of PS. Case No.-436 Year-1993 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ashok Singh @ Ashok Kumar Singh Son Of Late Achhewat Singh R/OAshok Nagar, Pokharia, P.S.-Begusarai Town, Distt.-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P. N. Shahi, Sr. Advocate Mr. Aryan Singh, Advocate For the State :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard Mr. P. N. Shahi, learned senior counsel for the petitioner and Mr. Shyameshwar Dayal, learned APP for the State.

2. The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 436 of 1993 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code and 3/4 of the Explosive Substance Act.

3. It is alleged that the petitioner threw bomb near the Jail gate in which some persons received injury.

4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 18.06.2023. He further submits that the petitioner is quite innocent and has been falsely implicated in this case due to the

Patna High Court CR. MISC. No.51170 of 2023(4) dt.11-10-2023 2/3 previous enmity.

5. Learned senior counsel for the petitioner has submitted that though the petitioner is named in the FIR, the police did not arrest the petitioner. He further submits that Tuntun Singh a veteran criminal, the informant and his brother were accused of killing the brother and father of the petitioner and petitioner was falsely implicated in this case. During investigation, the witnesses namely, Badri Narayan Singh, Advocate and one officer-in-charge of Bakhtiyarpur Police Station have given statement that the petitioner was with them in Patna for his case and was not involved in the crime. Bhola Singh, an Ex-Union Minister had also given statement during investigation that the petitioner was not involved in the crime.

6. The petitioner was never chargesheeted in this case. Chargesheet was submitted against one accused Bulletwa on 26th July, 2018 and the Magistrate took cognizance against Bulletwa as well as the petitioner and thereafter the petitioner was arrested. The petitioner is suffering from serious breathing disease as has been reported by the authorities and considering the same he was granted provisional bail on 25.08.2023.

7. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Patna High Court CR. MISC. No.51170 of 2023(4) dt.11-10-2023 3/3

8. Considering the materials available on record, I am of the view that when the police did not find any material against the petitioner to chargesheet him, the petitioner should not have been sent to jail just because cognizance was taken against him.

9. In these circumstance, the provisional bail granted to the petitioner vide order dated 25.08.2023 is hereby confirmed with the same terms and conditions.

10. In view of the above, this application is accordingly, allowed.

(Sandeep Kumar, J) P. Kumar U T