Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22787 of 2020 Arising Out of PS. Case No.-495 Year-2014 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== AJAY KUMAR Son of Satyendra Singh @ Sukhendra Singh Resident of Village- Rahimabad, P.S.- Bangra, District- Samastipur. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Iqbal Asif Niazi, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-09-2020 . As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

. This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner apprehends arrest in Sadar PS Case No. 495 of 2014 registered under Sections 395 and 412 of the IPC. Learned Counsel for the petitioner submits that his implication in this case is by virtue of mistaken identity. The petitioner is son of Satyendra Singh @ Sukhendra Singh, where as co-accused Mukesh Singh who happens to be son of Suresh Singh is the actual accused in this case. On account of such mistaken identity the petitioner is apprehending his arrest. His brother Mukesh Singh has been allowed bail on the same ground in Cr. Misc. No. 75671 of

Patna High Court CR. MISC. No.22787 of 2020(2) dt.30-09-2020 2/2 2019. The petitioner has no concern with the Dharam Kanta and has no criminal antecedent.

It is submitted by learned counsel for the petitioner that raising this ground he would approach the court below for grant of regular bail as liberty to this effect has already been given in the order of learned Additional Sessions Judge, VII, Darbhanga dated 17.2.2020.

It is expected that upon surrender of the petitioner his prayer for bail would be considered in accordance with law, having regard to the submissions taken note of hereinabove and the observations of the Additional Sessions Judge. This application is disposed of with liberty to the petitioner to approach the court below for grant of regular bail, which shall be decided on the same day.

(Madhuresh Prasad, J) SNkumar/- U T