Ajeet Kumar Singh @ Mama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15743 of 2023 Arising Out of PS. Case No.-512 Year-2022 Thana- NAWADA District- Nawada ====================================================== Ajeet Kumar Singh @ Mama S/o Late Ravindra Singh R/o Village- Shankar Nagar, P.S.- Mithanpura, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Soni Kumari, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 02.06.2022 in connection with Nawada Town P.S. Case No. 512 of 2022, F.I.R. dated 27.05.2022 for the offences punishable under Section 379/34 of the Indian Penal Code. According to prosecution case, one white Scorpio vehicle of the informant was missing from the place where he parked but the glasses of the car were scattered at the place of parking.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and

Patna High Court CR. MISC. No.15743 of 2023(2) dt.17-05-2023 2/3 the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused persons, namely, Ayush Kumar and Md. Rizwan. He further submits that the looted vehicle has not been recovered from the possession of the petitioner rather one vehicle has been recovered from the possession of the petitioner and the same belong to one Mr. Kanhaiya Mishra and petitioner intend to purchase the same from Kanhaiya Mishra and vehicle as mentioned in the F.I.R. is not the same vehicle which was recovered from the house of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 02.06.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries 5 criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Court Nawada in connection with Nawada

Patna High Court CR. MISC. No.15743 of 2023(2) dt.17-05-2023 3/3 Town P.S. Case No. 512 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. 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 step 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.

(Rajesh Kumar Verma, J) Vanisha/- U T