Ajay Jha @ Babua Don v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61903 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Ajay Jha @ Babua Don, Son of Sri Kameshwar Jha, Resident of VillageDharmagatpur, P.S.- Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No 13 Mr. Rohit Kumar, Adv.

For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2018 Heard the parties.

The petitioner seeks regular bail in connection with Sakra P.S.Case No.05 of 2017 registered for offences punishable under Sections 447, 448, 341, 323, 307, 384, 397 and 506/34 of the Indian Penal Code.

Petitioner is not named in the FIR and it appears that on the order of the petitioner and other co-accused persons, one Ajit Kumar has fired.

Submission of the learned counsel for the petitioner is that except the fact that he is order-giver, there is no allegation against him and other accused persons have been granted bail, vide order dated 13.1.2017 passed in Cr. Misc. No.57909 of 2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.61903 of 2017 (3) dt.12-01-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum-Sub Judge 13th, Muzaffarpur in connection with Sakra P.S.Case No.05 of 2017 dated 6.1.2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T