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Patna High CourtCR. MISC./30436/2023allowed

Ajay Kumar @ Ajay Tiger v. The State Of Bihar

2023-07-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30436 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== AJAY KUMAR @ AJAY TIGER Son of Kamlesh Pasi Resident of village - Tendua, P.S. - Sanjhauli, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

3. As per prosecution case, six miscreants entered into the branch office of Bharat Finance Company and on the point of pistol, looted cash from the chest of drawer, laptop and other articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.30436 of 2023(3) dt.25-07-2023 2/2 statement of other co-accused. The as alleged recovered cash of Rs. 5,920/- is said to be looted, which is claimed by the petitioner. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 01.05.2023 passed in Cr. Misc. No. 2420 of 2023. He is languishing in judicial custody since 06.08.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bikramganj P.S. Case No. 235 of 2022.

(Sunil Kumar Panwar, J) arish/- U T