Ajit Kumar @ Rangdarwa @ Golu Jee @ Ajit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2559 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- SARAI District- Vaishali ====================================================== AJIT KUMAR @ RANGDARWA @ GOLU JEE @ AJIT SINGH S/o Ram Iqubal Singh R/o village- Daudnagar, P.S.- Bidupur, Distt- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha, Advocate Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Sarai P.S. Case No. 215 of 2022 registered for the offence under Sections 413 and 414/34 of the Indian Penal Code and Section 25(1b)a/26/35 of Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 14.07.2022.
The allegation against the petitioner is to have in possession of one live cartridge and also to have in possession of stolen motorcycle along with co-accused persons. Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated in this case and
Patna High Court CR. MISC. No.2559 of 2023(6) dt.19-06-2023 2/3 alleged recovery of cartridges was shown only to implicate this petitioner falsely with present case. It is submitted that seizure list is appearing doubtful being not supported by independent witnesses, rather supported by police personnels. It is submitted that as petitioner found involved in 06 more criminal cases of similar nature, where, he is on bail, out of suspicion arises out of said antecedents, without having any connecting material, petitioner implicated in the present case. It is also submitted that similarly situated co-accused person, namely, Vinay Kumar Ranjan has already granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 74652 of 2022 dated 24.03.2023. While concluding the argument, it has been submitted that investigation of this case has completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as seizure list is appearing doubtful being not supported by independent witnesses coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 14.07.2022, let the petitioner, above named, is directed to be
Patna High Court CR. MISC. No.2559 of 2023(6) dt.19-06-2023 3/3 released on bail in connection with Sarai P.S. Case No. 215 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 16th, Vaishali, Hajipur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T