Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28991 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Ajay Kumar S/o Yugal Yadav R/o Village tartar ward No 8 PS Ghoswari District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mokamah P.S. Case No. 428 of 2023 instituted for the offences punishable under Sections 394, 411 and 414 of the Indian Penal Code.

3. As per prosecution case, when the informant was carrying Kirana Saman (gud) from Patna to Munger by Bolero Pick-up vehicle, then on the way four unknown miscreants surrounded his vehicle and started assaulting him and one person took away his Bolero Pick-up vehicle. It is further

Patna High Court CR. MISC. No.28991 of 2024(2) dt.19-04-2024 2/3 alleged that on the point of pistol, they also took away Rs. 4,000/- and a mobile phone.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is not named in the FIR and the same has been lodged against unknown person. The name of the petitioner has come into light on the basis of information supplied by spy. No incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery. He further submitted that the others co-accused have already been granted bail by this Bench vide order dated 13.02.2024 passed in Cr. Misc. No. 6823 of 2024. The petitioner is in custody since 04.11.2023 and has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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

Patna High Court CR. MISC. No.28991 of 2024(2) dt.19-04-2024 3/3 below/concerned Court in connection with Mokamah P.S. Case No. 428 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T