Ajit Kumar @ Ajit Ray @ Chotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26743 of 2020 Arising Out of PS. Case No.-42 Year-2019 Thana- GORAUL District- Vaishali ====================================================== AJIT KUMAR @ AJIT RAY @ CHOTU Son of Ram Sagar Ray Resident of Village- Morwaghat, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ansul For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Goraul P.S. Case No. 42 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code. Later on, converted to Section 392 of the Indian Penal Code.
The informant being Branch Manager, LIC, Goraul Satellite on 16.02.2019 at 9.30 in the morning, four miscreants entered into the LIC office and looted cash of Rs. 8,16,242/- from the chest. They also looted cash of Rs. 1,30,551 from possession of one Sarvesh Kumar who came there for depositing his LIC premium and took away hard disk of CCTV.
Patna High Court CR. MISC. No.26743 of 2020(3) dt.19-10-2020 2/3 It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on the basis of confessional statement of co-accused Rahul Kumar. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner is in custody since 18.07.2019.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 42 of 2019, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.26743 of 2020(3) dt.19-10-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T