Patna High CourtCR. MISC./50645/2014bail granted

Ajit Kumar v. The State Of Bihar

2015-07-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50645 of 2014 Arising Out of PS.Case No. -82 Year- 2013 Thana -KHIJARSARAI District- GAYA ====================================================== Ajit Kumar Son of Sri Jaivind Prasad, Resident of Village- Aima Police Station- Khizarsarai District- Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailesh Kumar, Advocate.

For the Opposite Party : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code. The petitioner is not named in the FIR. A dacoity was committed while the informant was going on an auto-rickshaw and money, mobile, etc. were looted. The informant as well as the auto-rickshaw driver claimed to identify the dacoits. Submission is that the name of the petitioner for the first time figured in the case from the mouth of informer of police. The police arrested Niranjan Kumar, Binay Kumar Sao and they are said to have confessed their guilt and disclosed the name of the petitioners. The petitioner was also arrested, but he was not put on test identification parade and nothing has been recovered from the

Patna High Court Cr.Misc. No.50645 of 2014 (6) dt.23-07-2015 2/2 possession of the petitioner. The petitioner is in jail since 21.02.2014. Similarly situated co-accused Binay Kumar Sao @ Binay Kumar and Ashok Paswan have already been enlarged on bail.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged 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, Gaya in Khizarsarai P.S. Case No. 82 of 2013. (Prabhat Kumar Jha, J.) KKSINHA/- U T