Ajit Kumar Ray @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21820 of 2019 Arising Out of PS. Case No.-127 Year-2018 Thana- DALSINGHSARAI District- Samastipur ====================================================== Ajit Kumar Ray @ Ajit Kumar Son of Ganga Prasad Ray @ Ganga Ram Ray Resident of Village- Chand Chaur, P.S.- Ujiyarpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Sinha For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Dalsing Sarai P.S. Case No. 127 of 2018 registered for the offence punishable under Sections 379 and 411 of the Indian Penal Code.

Three motorcycle borne criminals are said to have stolen the motorcycle of the informant while he was urinating parking the said motorcycle on the road side. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. He was not put on T.I.P. No incriminating article has been recovered from conscious physical possession of the petitioner. There is nothing

Patna High Court CR. MISC. No.21820 of 2019(3) dt.21-06-2019 2/2 on record indicating complicity of the petitioner in the occurrence barring confessional statement of co-accused, namely, Subham Kumar Chaudhary, which has no evidentiary value in the eye of law. Petitioner has no criminal antecedent. Similarly situated co-accused, namely, Ajay Kumar Chaudhary @ Chhotan Chaudhary @ Chhota has been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 18.06.2019 passed in Cr. Misc. No. 14996 of 2019. On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Dalsing Sarai, Samastipur in connection with Dalsing Sarai P.S. Case No. 127 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T