Gorelal Singh @ Ajay Singh @ Ajay Kumar @ Gorelal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56963 of 2023 Arising Out of PS. Case No.-507 Year-2013 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== GORELAL SINGH @ AJAY SINGH @ AJAY KUMAR @ GORELAL S/O LATE INDRADEV PRASAD SINGH @ LATE INDRADEO PRASAD SINGH @ LATE INDRADEV SINGH R/O VILLAGE- INIYAR, P.SMUFFASIL (LAKHO OP), DISTT.- BEGUSARAI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.443 of 2018 (arising out of Muffasil P.S. Case no.507 of 2013) registered under sections 302, 201 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that he was informed by Md. Tahir on telephone that his father has been shot. As to who had shot his father was not informed.
4. Learned counsel for the petitioner submits that the petitioner was falsely implicated in the case during course of investigation. Even as per the material that has transpired in
Patna High Court CR. MISC. No.56963 of 2023(3) dt.08-11-2023 2/3 course of investigation in paragraph no.13, which has been referred to in the order of the learned trial Court, no overt act is alleged against the petitioner. The only allegation is that the petitioner was also present at the place of occurrence. The petitioner is in custody since 26.5.2023 and a number of coaccused have been enlarged on bail by different orders contained in Annexure-2 series.
5. The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner absconded for several years.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired against the petitioner in course of investigation together with the petitioner having remained in custody since 26.5.2023 and no overt act having been alleged against him, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.443 of 2018 (arising out of Muffasil P.S. Case no.507 of 2013) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XIII, Begusarai.
7. In view of the fact that the petitioner absconded
Patna High Court CR. MISC. No.56963 of 2023(3) dt.08-11-2023 3/3 for several years, it is directed that the petitioner shall remain physically present in Court on each date of the trial and shall cooperate in the trial.
8. In case the petitioner is absent on any date for reasons not to the satisfaction of the learned trial Court or in case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial. (Partha Sarthy, J) Saurabh/- U T