Allowed

Ajay Singh @ Ajay Mahanth v. The State of Bihar

Patna HC20 Sept 2024CR. MISC./54297/2024

Case brief

AI extract

What is this about?

Regular bail sought in a 2017 Khagaria case involving firing on a police party under various IPC sections and the Arms Act. Noting no specific allegation that the petitioner fired and his custody since January 2023, with bail already granted in other cases, the court allowed bail with conditions.

What did the court decide?

Petitioner to be released on bail on furnishing bail bond of Rs.25,000 with two like sureties, subject to Section 437(3) Cr.P.C. conditions and verification of antecedents.

Ajay Singh @ Ajay Mahanth Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54297 of 2024

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Arising Out of PS. Case No.-4 Year-2017 Thana- KHAGARIA District- Khagaria

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

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Ajay Singh @ Ajay Mahanth Son of Late Arjun Singh Resident of village - Bhadas South, P.S.- Muffasil, District - Khagaria

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 20-09-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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2. The petitioner in the present case is seeking regular bail in connection with Khagaria (Muffasil) P.S. Case No. 4 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 324, 307, 353 and 120B of the Indian Penal Code and Section 27 of the Arms Act. He is in custody since 11.01.2023. The petitioner has got eight criminal antecedents but he is on bail in all these cases.

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3. As per the prosecution story, on 02.01.2017 at 22.00 hours, the informant, who is a police personnel, received an information that a notorious criminal Sujay Singh @ Fighter alongwith 7-8 associates has assembled near a temple in order to commit some crime. Upon such information, the informant

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Patna High Court CR. MISC. No.54297 of 2024(2) dt.20-09-2024 2/3

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reached at the said place and on seeing the police party, the accused persons started fleeing away and also fired upon the police in which informant sustained firearm injury but all the accused managed to flee away taking advantage of darkness.

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4. Learned counsel for the petitioner submits that on bare perusal of the FIR it would appear that it has been registered on the basis of the fardbeyan of the Sub-Inspector of Police who has simply named this petitioner as one of the persons whom he had seen fleeing away after the police arrived. It is submitted that although in the fardbeyan it is stated that the miscreants had made 8-9 round of firing but no seizure list has been enclosed to the FIR. In any case, there is no allegation against this petitioner that he was seen with any firearm or had been seen firing upon the police personnel. He is in custody in connection with this case since 11.01.2023.

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5. Learned counsel submits that the petitioner has got altogether eight criminal antecedents, however, he is on bail in all the cases. On query made by this Court as regards the bail of the petitioner in the cases at serial no. (i) to (vi), learned counsel submits that in those cases also the petitioner is on bail.

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6. Learned APP has though opposed the prayer for bail of the petitioner but considering the kind of allegations

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Patna High Court CR. MISC. No.54297 of 2024(2) dt.20-09-2024 3/3

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against the petitioner and his custody in connection with this case as also that he has already been granted bail in all other cases, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 4 of 2017 subject to the condition as laid down under Section 437 (3) Cr.P.C.

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7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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8. This application stands allowed.

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(Rajeev Ranjan Prasad, J)

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Rishi/-

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U T

Ajay Singh @ Ajay Mahanth v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Singh @ Ajay Mahanth v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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