Ajay Sah @ Lalla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8668 of 2022 Arising Out of PS. Case No.-577 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ajay Sah @ Lalla S/o Late Ram Chandra Sah Resident of Village- Ashok Nagar Pokharia, P.S.- Town Begusarai, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 577 of 2021 registered for the offence under Section 394 and 397 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 02.11.2021.

As per the prosecution case, it is alleged that petitioner committed robbery in the house of the informant and while committing so, caused grievous hurt to the husband of the informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.8668 of 2022(2) dt.07-06-2022 2/3 submitted that name of the petitioner surfaced on the basis of confessional statement, leading to no recovery. It is further submitted that chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State fairly conceded that name of the accused/petitioner surfaced on the basis of confessional statement, leading to no recovery. Learned APP raised concern about the criminal antecedent of the accused/petitioner which is of similar nature as mentioned in paragraph no. 3 of the bail petition.

Considering the facts and circumstances as mentioned above and as the name of the accused/petitioner surfaced on the basis of confessional statement, leading to no recovery coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Begusarai Town P.S. Case No. 577 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence

Patna High Court CR. MISC. No.8668 of 2022(2) dt.07-06-2022 3/3 till the conclusion of trial, failing the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) That one of the bailors shall be the close relative of the accused/ petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T