Ajay Singh vs The State Of Bihar on 1 March, 2011

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.1788 of 2011
                                            AJAY SINGH
                                                Versus
                                     THE STATE OF BIHAR
                                                  with
                                   Cr.Misc. No.2877 of 2011
                                       SURENDRA SINGH
                                                Versus
                                     THE STATE OF BIHAR
                                              -----------

2 01.03.2011 Heard Mr. Farooq Moazzam learned counsel

appearing for the petitioner in Cr. Misc. No. 1788 of 2011 and

Mr. Binod Kumar appearing in Cr. Misc. No. 2877 of 2011, and

learned A.P.P. for State.

Both the above-said Cr. Misc. Cases arise out of the

same case i.e. Beldour P.S. case No. 29 of 2010 registered

under sections-147, 148, 149, 302, 341, 323 of the Indian Penal

Code and accordingly, the above-said Cr. Misc. Cases are

being heard and disposed of by this common order.

Petitioner in Cr. Misc. No. 1788 of 2011 is not named

in the FIR as the father’s name of the petitioner has been

disclosed as Darogi Singh whereas one, Ajay Singh, S/o Ram

Singh is named in the F.I.R. So far petitioner in Cr Misc. No.

2877 of 2011 is concerned, he is named in the FIR but no

specific overt act has been attributed against the petitioner in Cr

Misc. No. 2877 of 2011 in the written report of the informant but

it appears from Annexure-2 series that in course of

investigation, the statement of some witnesses were recorded
-2-

u/S 164 of the Cr.P.C. in which they stated specifically against

the accused persons. Furthermore, the aforesaid witnesses

also disclosed the roles played by accused persons of the case.

I find from perusal of Annexure-2 series that one

witness, namely, Hemant Kumar has stated that the petitioner in

Cr Misc. No 2877 of 2011 rubbed sand on the eyes of the

deceased at the time of alleged occurrence. Moreover, it

appears to me that having more or less similar allegation,

several co-accused persons have already been released either

on anticipatory bail or on regular bail by different benches of

this court.

In view of the aforesaid facts and circumstances, let

both the petitioners, namely, Ajay Singh (in Cr.Misc. No.1788

of 2011) and Surendra Singh (in Cr,. Misc. No. 2877 of 2011)

be released on bail on furnishing bail bond of Rs 10,000/- (ten

thousand) each with two sureties of the like amount each in

connection with Beldour P.S. case No. 29 of 2010 to the

satisfaction of Chief Judicial Magistrate, Khagaria.

AKV/-                                   (Hemant Kumar Srivastava,J.)