Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26489 of 2024 Arising Out of PS. Case No.-284 Year-2021 Thana- DHANARUA District- Patna ====================================================== Ajay Kumar, Male, aged about 35 years, son of Chandradeep Yadav, resident of Suragapar, P.S.-Fatuha, Distt.-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Dhanarua PS Case No.284 of 2021 dated 22.08.2021, instituted under Sections 395 of the Indian Penal Code.
3. The prosecution case, in short, is that the Bolero Pickup van loaded with newspaper etc. was looted away on the point on firearms.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Petitioner is not named in the FIR. On the basis of confessional statement of co-accused, Shankar Kumar @ Nippu Kumar, the petitioner has been made accused in this case. It is further submitted that nothing has been recovered either from
Patna High Court CR. MISC. No.26489 of 2024(2) dt.01-05-2024 2/2 conscious possession or from the house of the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Masaurhi, Patna, in Dhanarua PS Case No.284 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T