Ramnarayan Singh Alias Chhotu Alias Chhotu Singh Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.3967 of 2024

Ramnarayan Singh @ Ramnarayan Kr. Singh @ Chhotu @ Chhotu Singh aged about 25 years s/o Late Krishna Murari Singh resident of village Karmdih, P.O. & P.S. Pandu, District Palamau (Jharkhand)

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..... … Petitioner

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Versus The State of Jharkhand …. …. Opp. Party

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CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

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-----For the Petitioner : Mr. Raj Vardhan, Advocate For the State : Mr. Sardhu Mahto, A.P.P. --------

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08/05.08.2024 Heard learned counsel for the petitioner and learned A.P.P. for

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the State.

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This bail application has been filed on behalf of the abovenamed petitioner with prayer to release on bail in connection with Daltonganj Town P.S. Case No.393 of 2023 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of learned Chief Judicial Magistrate, Palamau.

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As per allegations made in the F.I.R. on 8^th September, 2023 at 6 o’ clock in evening, the informant was standing at a chaat masala cart near the B.N. College ground. At the same time, he saw his elder brother on a scooty near the house of his uncle and five persons riding on two motorcycles armed with pistol, opened fire upon his brother Rajesh Kumar Verma @ Fantus and fled away towards the river side. The informant has identified the said persons as Amriteshwar Singh @ Chhotaka, Chandan Singh, brother-in-law of Chandan Singh, namely, Chhotu, Sonu Kumar @ Pattu and Tarique @ Munna. It is further alleged that the informant saw that Amriteshwar Singh and brother-in-law of Chandan Singh, namely, Chotu were firing bullets and were fleeing towards the river. One accused, namely, Tarik was fleeing away by the bike and he was apprehended by the maternal uncle of the informant. The accused persons also left the place of occurrence leaving one bike there and rest of the three accused fled away with one bike. The brother of the informant was taken to Sadar Hospital and from there he was referred to RIMS and while going to RIMS his brother died.

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As per the allegations made in the F.I.R., the informant is the eye-

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witness of the occurrence. In his re-statement, the informant Rakesh Kumar Verma has reiterated the allegations made in the F.I.R. So far as the other witnesses, namely, Dipak Verma, Ramji Verma and Renu Devi are concerned, all came to know in regard to occurrence from the informant. The specific role of opening fire has been attributed to the petitioner along with co-accused. In postmortem report, the cause of death is shown shock and hemorrhage due to ante mortem firearm injury. In ante mortem injury there are four entry wounds of firearm. While conducting postmortem the bullets were also recovered and from the place of occurrence one Honda Shine bike, one country made pistol and two empty cartridges were also recovered.

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In view of the submissions made and materials on record, the bail application of the petitioner is, hereby, rejected.

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(Subhash Chand, J.)

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Rohit

Ramnarayan Singh Alias Chhotu Alias Chhotu Singh v. the State of Jharkhand

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Ramnarayan Singh Alias Chhotu Alias Chhotu Singh v. the State of Jharkhand

Case brief

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