Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.527 of 2025 Arising Out of PS. Case No.-58 Year-2024 Thana- RAJNAGAR District- Madhubani ====================================================== Ajay Singh Son of Radhe Singh Resident of village - Bituhar, P.S.- Harlakhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajnagar P.S. Case No. 58 of 2024 instituted for the offences under Section 394 of the Indian Penal Code and Section 25(1-b) (a), 26 & 35 of the Arms Act.

3.

As per prosecution case, three motorcycle-borne accused persons stopped the motorcycle of the Informant, who is an Operator of the CSP of SBI situated at Chichri Chawk and snatched a black colored bag from him containing Rs. 5,56,000/- along with Aadhar Card, Driving License and Insurance papers. It is also alleged that one of the accused persons hit on the head of the Informant by butt of the pistol due

Patna High Court CR. MISC. No.527 of 2025(2) dt.09-01-2025 2/3 to which he sustained injuries on his head and blood started to ooze out. After snatching the bag, all the accused persons fled away from there.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is not named in the F.I.R. and his name has transpired on the basis of confessional statement of co-accused, namely, Raja Sharma, who has already been granted bail by this Court vide order dated 29-10-2024, passed in Cr. Misc. No. 55587 of 2024. No Test Identification Parade has been conducted in this case. He further submits that nothing incriminating or looted article has been recovered from the conscious possession of the petitioner or from his house. Save and except confessional statement, there is nothing against the petitioner to show his complicity in the alleged occurrence.

There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case.

Patna High Court CR. MISC. No.527 of 2025(2) dt.09-01-2025 3/3 languishing in judicial custody since 06.09.2024 without any rhymes or reason.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajnagar P.S. Case No. 58 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T