Ajay Jha @ Babua Don @ Babua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19739 of 2016 Arising Out of PS.Case No. -277 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Ajay Jha @ Babua Don @ Babua , son of Sri Kameshwar Jha, resident of village Dharmagatpur, P.S. Sakra, District Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2016 Heard Sri Manish Kumar No. 13, learned counsel for the petitioner and learned A.P.P.

This is second attempt for grant of bail on behalf of the petitioner. Earlier, prayer for bail of the petitioner was rejected vide Cr. Misc. No. 51363 of 2015 in the month of November 2015. Petitioner is accused in a case registered for the offence punishable under section 387 of the Indian Penal Code. Learned counsel for the petitioner submits that despite the fact that petitioner is in custody since 4.7.2015 even after rejection of the prayer for bail by this court no adequate progress has taken place in the case before the court below. He submits that only order of cognizance has been passed.

Besides hearing learned counsel for the parties, I have also perused the materials available on record.

Patna High Court Cr.Misc. No.19739 of 2016 (2) dt.04-05-2016 2/2 Keeping in view the fact that petitioner is in custody since 4.7.2015 and as stated no adequate progress has taken place in the case before the court below, the court is of the opinion that petitioner may not be detained further. Accordingly let the petitioner Ajay Jha @ Babua Don @ Babua be enlarged on bail on furnishing bail bond of Rs. 10000 (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sitamarhi / concerned court in connection with Sitamarhi P.S. Case No. 277 of 2015 corresponding to G.R. No. 1216 of 2015 with condition that one of the bailors must be blood relation of the petitioner and secondly during the trial the petitioner shall remain physically present on each and every date. If continuously on two dates he fails to appear without prior permission of the trial court his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) Praful/- U T