Ajit Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21533 of 2024 Arising Out of PS. Case No.-127 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== Ajit Sharma S/o- Prem Sagar Sharma Village- Harihans Ps- Hussainganj DistSiwan ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ajay Kumar Pandey, Advocate For the State :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hussainganj P.S. Case No. 127 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

As per the prosecution case, unknown miscreants are alleged to have robbed Rs. 3,20,000/- from the possession of the informant on the highway.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-12-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.21533 of 2024(2) dt.13-03-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Shaheb Hussain, and the same has no evidentiary value. Petitioner was not put on T.I. Parade. Other co-accused have been granted bail by a Coordinate Bench of this Court, vide orders dated 13-10-2023 & 26-02-2024, passed in Cr. Misc. No. 65074 of 2023 & Cr. Misc. No. 7681 of 2024, respectively.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hussainganj P.S. Case No. 127 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T