Allowed

Anjay @ Ranjan Singh @ Ajay Singh @ Ajay Kumar Singh @ Ranjay Singh v. The State of Bihar

Patna HC9 Nov 2022CR. MISC./31725/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a rioting case involving severe charges. Considering his clean antecedents, the submitted charge sheet, and parity with co-accused already released, the judge ordered release subject to conditions.

What did the court decide?

Release of the petitioner on bail via bond of Rs. 10,000 with two sureties, subject to conditions of cooperation in trial and non-tampering.

Anjay @ Ranjan Singh @ Ajay Singh @ Ajay Kumar Singh @… — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31725 of 2022

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Arising Out of PS. Case No.-254 Year-2015 Thana- AMARPUR District- Banka

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======================================================

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ANJAY @ RANJAN SINGH @ AJAY SINGH @ AJAY KUMAR SINGH @ RANJAY SINGH S/o Late Rohit Singh Resident of Village - Kanoudi, P.S. - Simultala, District - Jamui.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Satya Prakash Parasar For the Opposite Party/s : Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 09-11-2022

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Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with S.T. No. 147 of 2021 arising out of Amarpur (Fullidumar) P.S. Case No. 254 of 2015 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 384, 386, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act and 17 of the C.L.A. Act and Section 10 and 13 of the U.A.P. Act.

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As per prosecution case, on 23.08.2015 in the night, 25-30 unknown miscreants lashed with arms came and assaulted the informant, labourers and employee and threw the

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Patna High Court CR. MISC. No.31725 of 2022(2) dt.09-11-2022 2/4

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informant from second floor and fled away after making slogans.

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Learned counsel for the petitioner submits that petitioner is in custody since 20.09.2020. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the petitioner is not named in the F.I.R. Name of the present petitioner has been transpired on the basis of confessional statement of co-accused Harish Yadav, Ashok Tanti and other co-accused persons. Co-accused Harish Yadav upon whose confessional statement the name of present petitioner has been transpired has already been granted bail vide Cr. Misc. No. 458 of 2016, co-accused Dinesh Yadav and Pappu Yadav have also been granted bail vide Cr. Misc. No. 62600 of 2021 and Cr. Misc. No. 13189 of 2022 respectively by co-ordinate bench of this court and the case of present petitioner stands more or less on similar footing. No incriminating article has been recovered from the conscious possession of the petitioner. Except confessional statement of the co-accused persons, there is nothing on recorded to connect the present petitioner with the alleged occurrence. Petitioner is quite innocent and has falsely

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Patna High Court CR. MISC. No.31725 of 2022(2) dt.09-11-2022 3/4

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been implicated in the present case.

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The learned A.P.P. for the State vehemently

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opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner, principle of parity in which co-accused persons have already been granted bail by co-ordinate bench, argument advanced on behalf of the parties 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 Additional Sessions Judge-III, Banka in connection with S.T. No. 147 of 2021 arising out of Amarpur (Fullidumar) P.S. Case No. 254 of 2015, subject to following conditions:-

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(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.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive

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Patna High Court CR. MISC. No.31725 of 2022(2) dt.09-11-2022 4/4

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dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or

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the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkr/-

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U T

Anjay @ Ranjan Singh @ Ajay Singh @ Ajay Kumar Singh @ Ranjay Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anjay @ Ranjan Singh @ Ajay Singh @ Ajay Kumar Singh @ Ranjay Singh v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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