Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58704 of 2019 Arising Out of PS. Case No.-115 Year-2018 Thana- OBRA District- Aurangabad ====================================================== AJAY SINGH Son of Late Alakhdev Singh Resident of Village - Devkali, P.S.- Obra, Dist.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 Heard the parties.

The petitioner seeks regular bail in connection with Sessions Trial No.429 of 2018/391 of 2018 arising out of Obra P.S.Case No.115 of 2018 registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, nephew of the informant had gone along with one co-accused Shivam and Shivam returned with his mobile but his nephew has not returned and he disclosed that his nephew is at a temple and later on the informant heard sound of firing , on that he went there and saw his nephew dead. Petitioner is not named in the FIR and later on his name transpired on confession of the co-accused and it is said that one Jitendra Singh @ Tiger has fired on his nephew . Submission of the learned counsel for the petitioner is that except the confessional statement, there is nothing against

Patna High Court CR. MISC. No.58704 of 2019(3) dt.03-03-2020 2/2 him and the co-accused Jitendra Singh @ Tiger has been granted bail by a Co-ordinate Bench of this Court, vide order dated 21.6.2019 passed in Cr. Msic. No.16235 of 2019 against him, according to confession, there is allegation that he has fired. Petitioner is in custody since 7.3.2019. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge IInd, Aurangabad in connection with Sessions Trial No.429 of 2018/391 of 2018 arising out of Obra P.S.case No.115 of 2018 with condition that he has to appear before the learned trial court on each and every date except showing some genuine reason otherwise his bail bond shall be cancelled. With the above direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T