Ajit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9556 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== AJIT KUMAR Son of Ram Sagar Ray @ Ram Sagar Singh R/V- Naya ganj P.S- Desari Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Bilash Roy Raman, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner is in judicial custody in connection with Shashtri Nagar P.S. Case No.384 of 2022 instituted under Sections 457, 380 of the Indian Penal Code lodged on 03.07.2022 by the informant Sudhir Kumar Shahi. As per the FIR, the informant on 24.6.2022 after closing his flat had gone to Bangalore and on 1.7.2022 he was informed on mobile phone by his neighbours that theft was committed in his house. Further on 2.7.2022 the informant came from Bangalore and found that silver utensils, fish and 51 silver coins/watch, pen and some papers, trolley bag are stolen by the unknown thieves after breaking the Almirah. Accordingly, the FIR.
Patna High Court CR. MISC. No.9556 of 2023(2) dt.03-05-2023 2/3 Learned counsel for the petitioner submits that petitioner is a young boy as well as a student, he is in custody since 03.10.2022, nothing has been recovered from his possession.
Considering the fact that he is in custody since 03.10.2022 (as stated in para-12 of the petition), is a young boy and as stated is a student, and further nothing has been recovered from his possession, this Court is inclined to extend him to privilege of bail with conditions considering the fact that he has criminal antecedent.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Shashtri Nagar P.S. Case No.384 of 2022 to the satisfaction of learned Additional Chief Judicial Magistrate, Hajipur, Vaishali, subject to following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her
Patna High Court CR. MISC. No.9556 of 2023(2) dt.03-05-2023 3/3 bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T