Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13994 of 2019 Arising Out of PS. Case No.-355 Year-2018 Thana- KHAGAUL District- Patna ====================================================== Ajay Kumar Son of Satyendra Singh @ Surendra Singh, Resident of VillageNoke Parasi, Police Station- Karakat Gorari, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Janardan Singh For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 25.12.2018 in a case registered for the offence punishable under Section 414/34 of the Indian Penal Code.

The prosecution case as per the written report of A.S.I., Shailendra Kumar Pappu submitted to SHO, Khagaul Police Station is to the effect that during regular vehicle checking, two persons were intercepted travelling on a motorcycle, who disclosed their names as Ashutosh Kumar and Ajay Pandey (the petitioner). It is further alleged that when they were asked for document of the motorcycle, they disclosed that it was a stolen motorcycle.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.13994 of 2019(2) dt.08-03-2019 2/2 that the petitioner is simply a pillion rider on the alleged motorcycle in question and he was not aware that the alleged motorcycle was stolen one. It is further submitted the petitioner is a student of Intermediate and he could not appear in the board examination since he was in custody. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the petitioner was found riding on the alleged stolen motorcycle and he is named in the FIR.

Considering the nature of accusation and period under custody, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent , let the above named petitioner 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 learned ACJM-V, Danapur in connection with Khagaul P.S. Case No.355 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T