Ajoy Das @ Ujan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30219 of 2020 Arising Out of PS. Case No.-20 Year-2017 Thana- KATORIYA District- Banka ====================================================== AJOY DAS @ UJAN DAS S/o Baiju Das R/o Vill.-Nokasar, P.S.-Simultala, Distt.-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shruti Sinha, Adv.

For the Opposite Party/s :

Mr. Vinod Kumar No. 2, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code. Prosecution case as lodged by the informant is that he along with his niece was going to Deoghar, he saw that one pickup van was parked on the middle of the road and when the vehicle of the informant reached there then 8-9 persons who have bomb and firearms in their hands came there and assaulted the driver and on point of pistol snatched a golden chain, golden bracelet, and two golden rings. The accused also took away Rs. 50,000/- cash and purse, Adhar Card, ATM card and driving licence and mobile phone of the informant.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.30219 of 2020(4) dt.05-02-2021 2/3 petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that there is no direct and specific allegation against the petitioner. He submits that name of the petitioner has come in this case on the confessional statement of Co-accused Vikash Kumar. He submits that no TIP has been done as yet. He further submits that petitioner is languishing in judicial custody since 28.04.2020. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Katoriya P.S. Case No. 20 of 2017, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court CR. MISC. No.30219 of 2020(4) dt.05-02-2021 3/3 (IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) devendra/- U T