Ajit Kumar Pathak @ Ajit Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28905 of 2024 Arising Out of PS. Case No.-243 Year-2020 Thana- MANJHI District- Saran ====================================================== Ajit Kumar Pathak @ Ajit Pathak S/o Om Prakash Pathak R/o VillagePathkhauli @ Pathkhavali, P.O. - Nandpur, P.s. - Manjhi, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-06-2024 Heard Mr. Jeetendra Narayan, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Manjhi P.S. Case No. 243 of 2020 registered under Sections 341, 323, 504, 307 and 324/34 of the Indian Penal Code of the lodged on 16.07.2020 by the informant, Asish Kumar.
3. As per the prosecution story, when the informant was coming from the market, intercepted by the accused persons who wanted compromise in connection with Manjhi P.S. Case No. 187 of 2020. Upon refusal, allegation amongst others against this petitioner is of giving 'knife' blow in the abdomen. The injured was rushed to the Primary Health Centre, Manjhi
Patna High Court CR. MISC. No.28905 of 2024(2) dt.21-06-2024 2/3 and as per the report, the same has been found to be grievous in nature. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he has already suffered by being in custody since 21.07.2023 (paragraph 1 of the petition), he will be diligently appearing in trial and is ready to abide by all the terms and conditions, if granted bail.
5. Learned APP opposes the prayer for bail submitting that allegation against him is of giving knife blow in the abdomen.
6. Taking into account the aforesaid submissions put forward by the parties as also the fact that the petitioner has remanded in custody since 21.07.2023, chargesheet stands submitted this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Xith, Saran at Chapra, in connection with Manjhi P.S. Case No. 243 of 2020 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.28905 of 2024(2) dt.21-06-2024 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) kiran/- U T