Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38841 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ajay Kumar S/o- Manaee Mahto, Resident of Village- Fulwariya, P.S.- Sugauli, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar No.1, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Sugauli P.S. Case No. 09 of 2017, registered for offences punishable under Section 379 of the Indian Penal Code. As per FIR, there is allegation of theft of motorcycle of the informant and name of the petitioner transpired during the course of investigation.

Submission of the learned counsel for the petitioner is that except confessional statement of co-accused, there is no recovery of any incrementing circumstance against the petitioner and the other co-accused having similar allegation has already been granted privilege of bail by a co-ordinate Bench of this court

Patna High Court Cr.Misc. No.38841 of 2018 (2) dt.09-07-2018 2/2 vide order dated 08.03.2018 passed in Cr. Misc. No. 12620 of 2018 and the petitioner has no criminal antecedent. Heard learned A.P.P. who opposes the prayer for bail. Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bond of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Sugauli P.S. Case No. 09 of 2017 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions laid down under Section 438 ( 2) Cr.P.C.

with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T