Bajrangi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6759 of 2021 Arising Out of PS. Case No.-86 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== BAJRANGI SINGH Son of Late Sohan Singh Resident of Village - Kapasiya, P.S.- Chausa, Dist.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.
The petitioner has filed the instant application for grant of regular bail in connection with Chausa P.S. Case no. 86/2018 registered under section 307 and other sections of the Indian Penal Code, 25(1-B)(a), 26, 27 and 35 of the Arms Act and section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the allegation in the first information report, it is stated by the informant that he along with other police personnel proceeded for patrolling for security of the farmers. Seeing the police personnel the accused persons on four motorcycles made an attempt to escape but one of the accused persons, namely, Mantu Singh was arrested and the arms and
Patna High Court CR. MISC. No.6759 of 2021(3) dt.29-06-2021 2/3 ammunition were recovered. It is stated that in the occurrence the accused persons also fired towards the police personnel. The accused Nandu Singh is stated to have taken the name of the eleven accused persons who managed to escape which included the petitioner herein.
It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has been falsely implicated in the case. The only material against him is the confessional statement of the co-accused made before the police. The petitioner is in custody since 22.9.2020 and the co-accused Mantu Singh has been enlarged on bail vide order dated 6.10.2020 passed in Cr. Misc. no. 61532/2020.
The application for bail is opposed by learned Additional Public Prosecutor for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused Mantu Singh, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Chausa P.S. Case no. 86/2018 on furnishing bail bond of Rs.10,000/ (Rupees
Patna High Court CR. MISC. No.6759 of 2021(3) dt.29-06-2021 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhepura. (Partha Sarthy, J) Spd/- U T