Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15039 of 2023 Arising Out of PS. Case No.-1222 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== Ajay Kumar S/O Kishandeo Bishwas Resident Of Village- Sadhuweli, P.S.- Kasba, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with K. Hat (Madhubani) P.S. Case No. 1222 of 2022 dated 14.11.2022 registered for the offences punishable under sections 401, 411, 413, 414 and 379 of the Indian Penal Code.

As per the prosecution case, on seeing the police, 4 miscreants boarded on motorcycles tried to flee away but they were apprehended by the police who disclosed their names as Mithu Mukhia, Rabindra Mahaldar, Ajay Kumar (the petitioner)

Patna High Court CR. MISC. No.15039 of 2023(2) dt.10-05-2023 2/2 and Roushan Rishi. On search, one motorcycle was recovered from the possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel further submitted that the motorcycle belonged to Uday Chandra Sharma who did not file any case of theft regarding the said motorcycle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.11.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnia in connection with K. Hat (Madhubani) P.S. Case No. 1222 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T