Ajay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16418 of 2022 Arising Out of PS. Case No.-510 Year-2021 Thana- RAMKRISHNANAGAR District- Patna ====================================================== AJAY DAS Son of Chauthi Das Resident of Village - Gosai Chhapra, P.S.- Saraiya, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2022 Heard learned counsel for the parties.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Ramkrishna Nagar P.S. Case No. 510 of 2021 for the offences under Sections 379 and 34 of the Indian Penal Code. The allegation in the FIR is of driving the truck away from the parked place and subsequently the same was sold for Rs. 4 lakhs to other accused persons.

Learned counsel for the petitioner submits that he has no criminal antecedent, charge sheet stands submitted and some of the co-accused, namely, Santosh Kumar & Chotu Kumar have since been granted privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 20154 of 2022 & 23040 of 2022

Patna High Court CR. MISC. No.16418 of 2022(2) dt.14-07-2022 2/3 disposed of on 26.05.2022 respectively.

Taking into account the aforesaid facts, this Court is inclined to grant him privilege of bail subject to the fact that if any criminal antecedent is found to be there against the petitioner, this bail order shall become infructuous. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of ACJM-XIII, Patna in connection with Ramkrishna Nagar P.S. Case No. 510 of 2021, subject to the following conditions.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

Patna High Court CR. MISC. No.16418 of 2022(2) dt.14-07-2022 3/3 With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T