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Patna High CourtCR. MISC./53563/2017bail granted

Ajay Ray @ Ajay Roy v. The State Of Bihar

2017-11-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53563 of 2017 Arising Out of PS.Case No. -189 Year- 2012 Thana -KHARAGPUR District- MUNGER ======================================================

1. Ajay Ray @ Ajay Roy Son of Vijay Kumar Ray Resident of VillageJatatari, Police Station- Kharagpur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with S.Tr. No.189 of 2017 arising out of Kharagpur P.S.Case no.189 of 2012 registered for offences punishable under Sections 386, 387 and 120(B) of the Indian Penal Code and subsequently Sections 17 and 20 of the Unlawful Activities (Prevention) Act. Allegation against the petitioner as per FIR is that the police raided the place of occurrence and arrested some accused persons with moist pamphlets and also some cash and they were demanding levy, however the petitioner was not arrested on the spot but he is named in the FIR.

Submission of the learned counsel for the petitioner is that except the fact that he is named in the FIR there is nothing against

Patna High Court Cr.Misc. No.53563 of 2017 (3) dt.16-11-2017 2/2 him. He is accused in one more case but he is on bail in connection with the case. He is in custody for seven months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Munger, in connection with S.Tr. No.189 of 2017 arising out of Kharagpur P.S.Case No.189 of 2012.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T