Ajit Kumar @ Mukesh Kumar @ Mukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12607 of 2019 Arising Out of PS. Case No.-197 Year-2018 Thana- AIRPORT District- Patna ====================================================== AJIT KUMAR @ MUKESH KUMAR @ Mukesh Son of Kali Charan Ram Resident of Village - Murli Chak, Jagdeo Path, P.S.- Hawai Adda, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Farooque Afzal For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 29.08.2018 in connection with Special Case No. 93 of 2018, arising out of Hawai Adda P.S. Case No. 197 of 2018 for offences punishable under Section 414 of the Indian Penal Code and Section 27 of the NDPS Act.

The prosecution case, as lodged by the police personnel, is that petitioner was apprehended unauthorisedly scaling the perimeter wall of the watch tower, which was a high security zone. On search, 1 gm of ganja and some coins were recovered, which he revealed that while running he has scaled the perimeter wall of watch tower. Accordingly, a seizure-list

Patna High Court CR. MISC. No.12607 of 2019(2) dt.05-03-2019 2/3 was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that just because he has a criminal antecedent he has been made accused and languishing in judicial custody for more than six months. He further submits that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and four more cases are pending against him. Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Addl. District & Sessions Judge-VII, Patna, in connection with Special Case No. 93 of 2018, arising out of Hawai Adda P.S. Case No. 197 of 2018, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the

Patna High Court CR. MISC. No.12607 of 2019(2) dt.05-03-2019 3/3 petitioner.

2.

Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

3.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T