Ajit Sahani @ Ajeet Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18256 of 2025 Arising Out of PS. Case No.-732 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Ajit Sahani @ Ajeet Chaudhary s/o Bantilal Sahani R/O Vill.- Madhopur , P.S.- Majhauliya, Dist.-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Bettiah Muffasil P.S. Case No. 732 of 2023, registered for the offence punishable under Section 392 of the Indian Penal Code.
3. Allegedly, while the informant along with his friend were going on a motorcycle, in the meanwhile, four persons on two motorcycles came there and intercepted them. The miscreants also snatched Rs. Two lakhs from the pocket of the informant on the point of pistol and fled away.
4. Learned Advocate for the petitioner contended that the FIR has been instituted against unknown miscreants. However, during the course of investigation, the name of the
2/4 petitioner surfaced on the confessional statement of co-accused Anil Gupta @ Candy. The petitioner has neither been put on Test Identification Parade nor any incriminating material has been recovered, irrespective of the fact that petitioner has been languishing in custody since 23.08.2024. It is also the contention of the petitioner that taking note of the aforesaid facts, co-accused persons, whose name also transpired on the confessional statement of co-accused, they have been accorded the privilege of regular bail and the case of the petitioner is based on parity. In support of the aforesaid contention, some orders of this Court have also been placed on record. It is lastly contended that, be that as it may, now the petitioner has been incarcerated since 23.08.2024.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the criminal antecedent of the petitioner in identical nature, as has been disclosed in paragraph no. 3, clearly speaks about the involvement of the petitioner in identical nature of crime.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the case of the petitioner is based on parity and the co-accused person, having identical allegation, has been allowed the privilege of regular
3/4 bail; moreover, the petitioner has neither been put on Test Identification Parade nor any incriminating material has been recovered and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Muffasil P.S. Case No. 732 of 2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the
4/4 court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) shivank/- U T