Patna High CourtCR. MISC./41829/2021bail granted

Ajay Kumar v. The State Of Bihar

2022-01-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41829 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Ajay Kumar Son of Vyash Bhagat Resident of Village - Khajuriya, P.S. - Govindganj, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Turkauliya (Banjariya) P.S. Case No. 150 of 2021, disclosing offence punishable under Sections 399, 402, 414/34 of the Indian Penal Code and 25 (1-b), a, 26, 35 of the Arms Act. It is alleged in the F.I.R. that on a secret information that some criminals had assembled to commit offence, a raid was conducted. Seeing the police, the miscreants started fleeing away but on chase three of them were apprehended, including

Patna High Court CR. MISC. No.41829 of 2021(2) dt.06-01-2022 2/2 this petitioner. On search, from the possession of the petitioner one country made pistol and two live cartridges were recovered. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner has no criminal antecedent and he is in custody since 20.02.2021. He has further submitted that false implication of the petitioner by the police cannot be ruled out.

Be that as it may, considering the fact that the petitioner has remained in custody since 20.02.2021, this application is allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in Turkauliya (Banjariya) P.S. Case No. 150 of 2021. (Chakradhari Sharan Singh, J) K.K.RAO/- U T