Ajay Kumar Singh @ Ajay Singh @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18084 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- DARAUNDA District- Siwan ====================================================== Ajay Kumar Singh @ Ajay Singh @ Ajay Kumar, Son of Late Ram Nath Singh, Resident of Village - Mehdar, P.S. - Chainpur (O.P.), District - Siwan. ... ... 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.Nagendra Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. Let the defect(s), if any, as pointed out by the office be removed within four weeks.
In the present case, the petitioner seeks bail in connection with Daraunda (M.H. Nagar) P.S. Case No. 5 of 2022 registered for the alleged offences under Section 392 of the Indian Penal Code.
As per prosecution case, three miscreants threatened the informant and forcibly snatched his purse containing Rs. 20,449/- and a mobile phone.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He was not put to any Test Identification Parade. He
Patna High Court CR. MISC. No.18084 of 2022(3) dt.14-10-2022 2/3 found the mobile phone on the road and under suspicion, he has been apprehended. Save and except confessional statement of the petitioner, there is nothing against him. The learned counsel further submits that the petitioner is in custody since 03.02.2022 and the charge sheet has been submitted. The petitioner is having clean antecedent.
Learned A.P.P. opposes the prayer for bail.
Having regard to the facts and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioner and the submission of charge sheet against him along with his clean antecedent, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Judicial Magistrate-Ist, Siwan in connection with Daraunda (M.H. Nagar) P.S. Case No. 5 of 2022, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
Patna High Court CR. MISC. No.18084 of 2022(3) dt.14-10-2022 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) himanshu/- U T