Indrajeet Singh @ Indrajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77049 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== INDRAJEET SINGH @ INDRAJEET KUMAR S/o PARAMHANS SINGH R/o Vill - Kuari Madan Ward No. 1, P.S. - Majorganj Dist - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Majorganj P.S. Case No. 84 of 2023 registered for the offences punishable under Sections 302, 201, 120B/34 of the IPC and Section 27 of the Arms Act.
3. As per prosecution case, petitioner and others are said to have participated in the commission of murder of Anmol Raj. It is alleged that co-accused, Kanhai Singh, fired from his pistol which hit Anmol Raj as a result of which he sustained injury and later on he succumbed to the said injury.
4. Learned counsel for the petitioner submits that petitioner is in custody since 11.08.2023 and bears no criminal antecedent. Learned counsel orally submits that charge sheet
Patna High Court CR. MISC. No.77049 of 2023(2) dt.04-12-2023 2/3 has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that specific allegation of firing which hit the deceased is against co-accused Kanhai Singh. There is no specific overt-act attributed against the petitioner. Petitioner is not in any way connected with the alleged occurrence. He further submits that petitioner is quite innocent and has falsely been implicated in the case. He further submits that co-accused Ravi Bhusan Kumar and Rohit Kumar have already been granted bail vide Cr. Misc. No. 69311 of 2023 by the co-ordinate Bench of this Court and the case of present petitioner stands on similar footing.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody,keeping in view clean antecedent of the petitioner, co-accused have already been granted bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1 Sitamarhi in connection with Majorganj P.S. Case No. 84 of 2023 , subject to
Patna High Court CR. MISC. No.77049 of 2023(2) dt.04-12-2023 3/3 following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) vashudha/- U T