Ajeet Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6171 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- ARA MUFFSIL District- Bhojpur ====================================================== AJEET KUMAR RAI Son of Dhanji Rai Resident of Village - Neknam Tola, P.s.- Barhara, Distt.- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ara Mufassil P.S. Case No. 104 of 2021 lodged under Sections 25(1-b)a,26 and 35 of Arms Act.

As per prosecution case, the allegation upon the petitioner and other accused persons is that on 27.04.2021, they have committed dacoity in Punjab National Bank, when police reached there it was found that a dacoit was fallen on the ground. On the basis of the CCTV footage, the name of other accused persons figured in this case.

Learned counsel for the petitioner submits that for the same occurrence, there are three F.I.R. were lodged. The present F.I.R. has been lodged only for the provisions of arms act. The name of other F.I.R numbers, Ara (Mufassil) P.S. Case No.105 of 2021 lodged under Section 307/34 of I.P.C. subsequently add

Patna High Court CR. MISC. No.6171 of 2022(2) dt.13-06-2022 2/2 Section 302 of I.P.C. and Section 27 of Arms Act and Ara (Mufassil) P.S. Case No.103 of 2021 lodged under Section 395 of I.P.C. He further submits that the Co-ordinate Bench of this Court has granted bail to three accused persons in connection with the present F.I.R. vide order dated 13.04.2022, 18.04.2022 and 24.05.2022 in Cr. Misc. No. 59699 of 2021, Cr. Misc. No.62702 of 2021 and Cr. Misc. No.70577 of 2021 respectively. He also submits that charge sheet has already been filed in this case and petitioner is in custody since 26.07.2021. Learned A.P.P. has opposed the prayer for bail. Considering the facts that charge sheet has already been filed in this case, petitioner is in custody since 26.07.

2021 and petitioner's name has not figured in any case which has been filed prior to date of occurrence as well as with view to maintain parity, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VII, Bhojpur at Ara in connection with Ara Mufassil P.S. Case No. 104 of 2021. (Dr.