Ajit Yadav @ Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62621 of 2024 Arising Out of PS. Case No.-134 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== Ajit Yadav @ Ajit Singh, aged about 32 years, Gender-Male, son of Late Ramswarath Yadav @ Ram Swarath Singh, R/O Village- Chanda, P.S.- Athmalgola, Dist- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Prem Ranjan Kumar, Advocate For the Opposite Party :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Athmalgola P.S. Case No. 134 of 2020 dated 31.05.2020 registered for the offences punishable under Sections 148, 342, 387, 323, 307, 364, 379, 506, 504 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, the informant's father has died three months ago and for performing his sharadh ceremony, he and his family members went to his native villageChanda and from that period, they were staying there for two months due to lockdown which was effected from Corona pandemic in all over the country. The informant runs a company

2/4 in the name and style of Shivshakti Cargo Pvt. Ltd., Patna. It is further alleged that on 30.05.2020 at about 6.40 P.M., the informant was sitting in Aanganbari Centre near his house, suddenly 15-20 persons came with rifle and pistol in their hands and opened fire and after pointing pistol on his temple by Ajit Yadav (petitioner) and the co-accused Azad Yadav demanded Rs. 50,00,000/- as ransom from him. He asked the reason for demanding the said amount, then he ordered to the persons who came with Ajit Yadav (petitioner) to lift him.

Then the coaccused Bipin Yadav, Gorelal Yadav, Saloon Yadav, Sanjeet Yadav, Krishnandan Yadav, Ram Khelawan Yadav, Phantu Yadav, Slok Yadav, Jaikesh Yadav, Pankaj Kumar, Rakesh Kumar, Shankar Yadav, Jayantri Yadav, Ravin Yadav and Rakesh Yadav @ Dhorwa, took him in the Tal and assaulted him with rod and rifle, as a result of which, he became unconscious. When police came, the accused persons fled away from there. Thereafter, the informant was brought to the Primary Health Centre, Athmalgola for his treatment.

3/4 from the house.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that both parties are co-villagers. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. It is submitted that the other co-accused person, namely, Shankar Yadav, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 34635 of 2024 under order dated 03.07.2024, annexed as Annexure-P/2 to the present bail application. The petitioner has twelve (12) criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 02.02.2024 as stated in the supplementary affidavit filed on behalf of the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, Patna, in connection with Athmalgola P.S. Case No. 134

4/4 of 2020 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T