Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18889 of 2023 Arising Out of PS. Case No.-336 Year-2021 Thana- PIPRA District- Supaul ====================================================== Ajit Kumar Son Of Hareram Paswan Resident Of Village - Bairiya, Ward No. - 13, P.S. - Supaul, Distt. - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-03-2023 Heard the parties.

The present application has been filed for grant of bail in connection with Session Trial No. 92/2022 arising out of Pipra P.S. Case No. 336/2021 for the offence under Section 302 of the I.P.C. and 27 of the Arms Act.

As per the FIR, the informant who is grandson of the deceased has alleged that he was sleeping along with his grandfather on 27.11.2021 in the house. In the night one person came and killed his grandfather. The accuseds had come on two motorcycles and three persons riding it. It has further been alleged that before his death his grandfather was threatened with dire consequences by Amal Dutt Ram and Prem Prakash Kumar. Accordingly, the FIR has been lodged.

Earlier, the matter was taken up on 27.09.2022 and it was rejected vide Cr. Misc. No. 37753 of 2022. It has been stated that the petitioner has been in

Patna High Court CR. MISC. No.18889 of 2023(2) dt.29-03-2023 2/3 custody since 22.12.2021 (as stated in para 9 of the bail petition).

Taking into account the aforesaid facts that the petitioner has already remained under the custody for more than a year, the charge-sheet stands submitted and ultimately he has to face the music, this Court is inclined to grant him the privilege of bail.

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 learned Additional District and Sessions Judge, VIIth, Supaul, in connection with Session Trial No.92/2022 arising out of Pipra P.S. Case No.336 of 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 reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.18889 of 2023(2) dt.29-03-2023 3/3 attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) 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. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/-Kiran U T