Patna High CourtCR. MISC./76807/2018bail granted

Ajay Kumar v. The State Of Bihar

2019-01-10Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76807 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- NALANDA District- Nalanda ====================================================== Ajay Kumar S/o Dharmendra Prasad Resident of Village-Gogripar, P.S. Manpur, Distt-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Sri Pranav Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 11.06.2018 in connection with Nalanda P.S. Case No. 87 of 2018 for the offence registered under Sections 399, 402, 120(b) of the Indian Penal Code and Section 25 (1-b), 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the alleged recoveries were not made from the conscious possession but have been planted and the entire case is based on the basis of confessional statement made before the police that they were planing to commit offence. It is further submitted that save and except there being one other case bearing Manpur P.S. Case No. 35 of 2009 under Section 304B where the petitioner as Dewar has falsely been implicated, the petitioner has no criminal

Patna High Court Cr.Misc. No.76807 of 2018(2) dt.10-01-2019 2/2 antecedent.

Considering the aforesaid facts and circumstances of the case and that the similarly situated co-accused persons have since been extended the privilege of bail in Cr. Misc. No. 61703 of 2018 vide order dated 08.10.2018 and in Cr. Misc. No. 66511 of 2018 vide order dated 06.12.2018, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda, Biharsharif in connection with Nalanda P.S. Case No. 87 of 2018.

(Anjana Mishra, J) Jagdish/- U T