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Patna High CourtCR. MISC./58692/2024bail rejected

Rana Singh v. The State Of Bihar

2024-11-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58692 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Rana Singh Son of Ajay Singh R/o Village- Hela Bazar, P.S.- Town (Hajipur), District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64377 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Chandan Singh @ Chandan Kumar Singh S/O Late Lalan Singh Resident of Village Rambhadra, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65284 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Daya @ Golu Kumar Son of Arun Singh @ Arun Kumar Singh @ Arun Kumar Village- Imadpur (Raghunathpur)PS- Bhagwanpur District -Vaishali ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 58692 of 2024) For the Petitioner/s :

Mr.Ansul, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 64377 of 2024) For the Petitioner/s :

Mr.Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP (In CRIMINAL MISCELLANEOUS No. 65284 of 2024) For the Petitioner/s :

Mr.Anish Chandra, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-11-2024 Heard the parties.

2. The petitioners are in judicial custody in connection

Patna High Court CR. MISC. No.58692 of 2024(3) dt.21-11-2024 2/3 with Hajipur Town P.S. Case No. 23 of 2024 for the offence punishable under Section 302 of the Indian Penal Code and section 27, 25(1-b)(a) of Arms Act lodged on 11.01.2024 by the informant, Shri Prakash.

3. Mr. Ansul has led the case, all being arising out of the same police station.

4. As per the prosecution story, the informant alleged that in the evening of 10.01.2024, when his younger brother, Ram Prakash @ Tuntun was moving on a motorcycle, unknown miscreants stopped him and straight away shot at in his head, he died instantly. Thereafter, the Police sent the dead body for post mortem. This followed the rituals whereafter, the FIR.

5. Learned counsel for the petitioners submit that though all of them have criminal antecedent, the fact remains that the FIR was lodged against unknown, subsequently, during investigation, one Rishu Kumar was arrested and on his confessional statement, all have been implicated.

6. It is their case that though the confessional statement of Rishu Kumar has been recorded, the said confession has no value as the Police forced him to make allegation.

7. Mr. Manish Chandra Gandhi, learned counsel

Patna High Court CR. MISC. No.58692 of 2024(3) dt.21-11-2024 3/3 representing Chandan Singh and according to him, though more than one dozen cases are there against this petitioner, the fact remains that some of them are due to the 'Bandh' that happened in Hajipur town after killing of his brother whereafter one after another, the Police made him accused in number of cases.

8. Learned APPs on the has pointed out that all the facts have been vividly narrated in the confessional statement of Rishu Kumar, Chandan Singh lodged in jail and shifted to Bhagalpur Central Jail was having issue with the deceased, he ensures that the other accused persons removed him from the World, Rana Singh provided arms and all of them conspired which ultimately led to ultimate killing of the informant's brother.

9. Considering the submissions put forward by the parties as also the criminal antecedent of the petitioners, the role have been assigned and the confessional statement of Rishu Kumar, at this stage cannot be ignored, in that background, all the three bail petitions stand rejected.

(Rajiv Roy, J) Ravi/- U