Ajay Kumar @ Ajay Shashtri @ Ajay Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23817 of 2021 Arising Out of PS. Case No.-29 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Ajay Kumar @ Ajay Shashtri @ Ajay Paswan, son of Suresh Paswan, resident of Village- Rastriyaganj Ram Janki Mandir, Birla Colony, Phulwari Sharif, P.S.- Phulwari Sharif, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Adv Mr. Arvind Kumar, Adv For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-08-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions. Heard learned counsel for the parties.
This application for grant of regular bail arises out of Phulwari Sharif P.S. Case No. 29 of 2018 (S. Tr. No. 251 of 2020) registered for the offence punishable under Sections 302, 120(B) of the Indian Penal Code. The petitioner's prayer for regular bail was earlier rejected by this Court by an order dated 18.06.2020 passed in Cr. Misc. No. 75688 of 2019, considering direct allegation in the F.I.R of having shot at the deceased and his long criminal antecedent. The Court, while rejecting the petitioner's prayer for bail had
2/4 directed the learned Trial Court to take all possible steps to expedite the trial. By filing this application, the petitioner intends to renew his prayer for bail. Mr. Pramod Kumar Singh, learned counsel appearing on behalf of the petitioner has submitted that petitioner is in custody since 08.02.2018 in connection with the present case. He has referred to an order of this Court dated 07.04.2021 passed in Cr. Misc. No. 23693 of 2020 whereby similarly circumstanced coaccused Deepak Mehto @ Steel @ Sheetal has been allowed regular bail by this Court with certain conditions. Mr. Singh has strenuously argued that petitioner's case is not distinguishable from the case of co-accused Deepak Mehto @ Steel @ Sheetal. He has submitted that considering the gravity of the allegation made against the petitioner and other criminal cases in which the petitioner has been implicated, the Court may impose any appropriate condition while directing release of the petitioner on regular bail. On instructions, he has
3/4 submitted that this Court may put a condition that petitioner shall present himself before the Station House Officer of the concerned Phulwari Sharif police station once in a week.
Considering the aforesaid submissions and the fact that petitioner is in custody since 08.02.2018, this application is allowed with a condition that petitioner shall present himself in the office of the Station House Officer, Phulwari Sharif police station on every Wednesday at 10:30 A.M after his release on bail by virtue of the present order.
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 Additional Sessions JudgeXXV, Patna in Phulwari Sharif P.S. Case No. 29 of 2018, S.Tr. No. 251 of 2020.
Let a copy of this order be communicated to the Senior Superintendent of Police, Patna for its onward
4/4 communication to the officer-in-charge, Phulwari Sharif police station for strict compliance of this order. (Chakradhari Sharan Singh, J) Shageer/- U T