Patna High CourtCR. MISC./48146/2018disposal with observation

Ajit Kumar v. The State Of Bihar

2018-09-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48146 of 2018 Arising Out of PS.Case No. -548 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Ajit Kumar S/o Bechan Rai resident of Village - Barmatpur, P.S. - Kanti, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sadar P.S.Case No. 548 of 2017, registered for offences punishable under Sections 328/379 of the Indian Penal Code. Allegation as per F.I.R. is that the petitioner along with others is of theft the Mahindra Pick-up van after giving poisonous and intoxicating drugs to the driver by mixing in spirit and the name of the petitioner transpires during course of investigation. It is further alleged that from perusal of para No.-64 it reveals that one witness has named the petitioner. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated and nothing has

Patna High Court Cr.Misc. No.48146 of 2018 (2) dt.27-09-2018 2/2 been found against the petitioner to rope in the case without basis and petitioner has no concern with the co-accused and he is in custody since 12.04.2018.

Heard learned A.P.P. opposes the prayer for bail.. Having heard both sides and in view of the facts and circumstances, as stated above, at this stage, I am not inclined to grant bail to the petitioner, however once charge has been framed and trial commence, he will be released to the satisfaction of the trail court on condition that he will co-operate in disposal of trial. This application is accordingly disposed of.

(Vinod Kumar Sinha, J) Sudha/- U T