Patna High CourtCR. MISC./10263/2018allowed

Ajit Kumar @ Chhotu @ Ajeet Kumar @ Ajit Kumar Rai v. The State Of Bihar

2018-02-21Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10263 of 2018 Arising Out of PS.Case No. -358 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ====================================================== Ajit Kumar @ Chhotu @ Ajeet Kumar @ Ajit Kumar Rai, son of Ram Sagar Ray, resident of village- Morwa Bazar, P.S.- Tajpur, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suneil Kumar Thakur For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-02-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Tajpur P.S.Case No. 358 of 2017 registered under Sections 25(1-AA), 25(1AAA), 25(1-B)a, 25(1-A), 26/35 Arms Act and 115, 120B, 399 and 402 of the Indian penal Code. Allegation in brief is that the police raided a place after receiving information about assembly of miscreants and apprehended two persons and recovered arms from their possession, who disclosed the name of the petitioner who is said to have escaped away.

Submission is that only material against the petitioner is disclosure of his name regarding his presence by two apprehended co-accused Alok Kumar and Aman, however, this petitioner has no criminal antecedent except one case lodged under Excise Act

Patna High Court Cr.Misc. No.10263 of 2018 (2) dt.21-02-2018 2/2 and he is in custody since 15.01.2017.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Ajit Kumar @ Chhotu @ Ajeet Kumar @ Ajit Kumar Rai, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-1, Samastipur in connection with Tajpur P.S. Case No. 358 of 2017 with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any reasonable ground, his bail bond shall be liable to be cancelled. (Arun Kumar, J) Sujit/- U