Shekhar Suman @ Ajay Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.19105 of 2016 (3) dt.26-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19105 of 2016 Arising Out of PS.Case No. -385 Year- 2015 Thana -RAJIVNAGAR District- PATNA ======================================================

1. Shekhar Suman @ Ajay Singh Son of Late Chandradev Prasad Singh, Resident of Madhav Vihar Apartment, Flat No. 405, Boring Canal Road, P.S. - Srikrishnapuri, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Chandra Agrawal For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 25.01.2016 in connection with Rajiv Nagar P.S. Case No.385 of for the offences instituted under Sections 147,148,149,387,341,323,324,504,506,307,302,448 and 120(B) of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in brief, is that the informant is a land broker. It is alleged that the accused Niraj Singh, Shailesh Singh, Sunil Singh, Sanjay Singh, Nakat Gope, Jai Prakash Yadav alias J.P., Manoj Rai, Tinku and others came and obstructed the work. The allegation against the petitioner is that he was one of the members of unlawful assmembly armed with weapons and in

Patna High Court Cr.Misc. No.19105 of 2016 (3) dt.26-05-2016 common object of such assembly he assaulted Deoraj Sigh alias Jaikant and others. Deoraj Singh subsequently succumbed to death.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 25.01.2016 and the charge sheet has been submitted in the present case. The petitioner is not named in the first information report. His name has transpired in the present case on the basis of a confessional statement of the co-accused. The allegations of assault are against Niraj Singh, Manoj Rai, Sonu Singh and Nakat Gope. Other co-accused has been granted bail by order dated 24.05.2016 of this Court passed in Cr. Misc. No.22246 of 2016, On behalf of the State, it is submitted that the petitioner is not named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Rajiv Nagar P.S. Case No.385 of 2015. (Sudhir Singh, J) V.P.Sinha/- U