Ajit Singh @ Jugari Singh @ Jugari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9841 of 2018 Arising Out of PS.Case No. -51 Year- 2017 Thana -KACHHAWA District- SASARAM (ROHTAS) ====================================================== AJIT SINGH @ JUGARI SINGH @ JUGARI, S/o Ramayan Singh, R/o Village- Saraiya, P.S.- Kachhwa, District- Rohtas. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Binod Kumar Singh, Advocate. For the Opposite Party : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 30.10.2017 in a case for the offence registered under Sections 302, 328/34 of the IPC, 30(a), 34(a), 34(b), b(i), b(ii), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.
The prosecution story, in brief, is that Dhanjit Kumar Singh, the brother of the informant Santosh Kumar Singh, had come to the house from Odissa on the occasion of Chhath Festival on 22.10.2017. In the night of 27.10.2017, Dhanjit Kumar Singh felt restlessness, then, on query by the informant, he disclosed that on 26.10.2017, he had taken the liquor at the house of Shashi Singh. While Dhanjit Kumar Singh was rushed to the hospital but
Patna High Court Cr.Misc. No.9841 of 2018 (3) dt.09-03-2018 2/3 he died. The informant further came to know that Kamlesh Singh, who had also taken the liquor at the house of Mukesh Singh, also died in course of treatment whereas Harihar Singh, who had also taken the liquor at the house of Shashi Singh, also died. Later on, the informant came to know that the liquor was supplied to the aforesaid deceased by Antim Lal Singh, Sonu Thakur and this petitioner.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused in the present case merely on the basis of suspicion. There is no substantive evidence to suggest the implication of the petitioner in the present case. In respect of the accusation made against the petitioner, no search and seizure has been made against the petitioner or his residence in question. Hence, the recovery of any incriminating article from possession of the petitioner does not arise. Even the confessional statement of the petitioner made before the police, has not led to any recovery. Other co-accused Sonu Thakur with similar accusation has been granted bail by another co-ordinate Bench of
Patna High Court Cr.Misc. No.9841 of 2018 (3) dt.09-03-2018 3/3 this Court vide Cr. Misc. No. 7374 of 2018 dated 08.02.2018. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram, in connection with Kachwa P.S. Case No. 51 of 2017. U.K./- (Sudhir Singh, J) U T