Patna High CourtCR. MISC./41181/2021bail granted

Ajay Jha @ Babua Don @ Ajay Kumar Jha v. The State Of Bihar

2021-09-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41181 of 2021 Arising Out of PS. Case No.-421 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Ajay Jha @ Babua Don @ Ajay Kumar Jha Son of Kameshwar Jha Resident of Village- Dharmagatpur, Gangati, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Sakra P.S. Case No. 421 of 2019, registered for the offence punishable under Sections 420, 467 and 468 of the Indian Penal Code, sections 25(1-b)a, 26 and 35 of the Arms Act and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Earlier the bail application of petitioner was rejected vide order dated 04.11.2020. Vide order dated 11.08.2021, report was called for regarding the stage of trial and same has been received (kept at flag 'Z'), which reveals that charge has already been framed 01.09.2021 and case is fixed for evidence.

Patna High Court CR. MISC. No.41181 of 2021(3) dt.22-09-2021 2/2 Considering the period of custody and progress in trial, 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 Special Judge (Excise Act), Muzaffarpur in connection with Sakra P.S. Case No. 421 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 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