Patna High CourtCR. MISC./16838/2023bail granted

Ajit Kumar v. The State Of Bihar

2023-05-11Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16838 of 2023 Arising Out of PS. Case No.-680 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== AJIT KUMAR Son of Ramsagar Singh Resident of village - Bagahi, P.S.- Barun, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 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 Daudnagar P.S. Case No. 680 of 2022 dated 04.12.2022 registered for the offences punishable u/s 395 of the Indian Penal Code.

As per the prosecution case, five miscreants looted a cash box containing Rs. 1,00,456/-, a mobile phone and the other important documents from the informant's petrol pump on the point of pistol.

Patna High Court CR. MISC. No.16838 of 2023(2) dt.11-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the coaccused Rakesh Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.12.2022.

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, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 680 of 2022 with the condition:-

1. The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the

Patna High Court CR. MISC. No.16838 of 2023(2) dt.11-05-2023 3/3 above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

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