Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49406 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== AJAY KUMAR S/O Bhola Rai R/o village- Simariya, P.S.- Barauni (Chakiya), Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 16.01.2021, seeks regular bail in connection with Teghra P.S. Case No. 17 of 2021 registered for offences punishable under Section 412 of the Indian Penal Code and Section 25(1-B)a, 26/35 of the Arms Act although the police has filed charge sheet under Section 412/414 of the Indian Penal Code and Section 25(1-B),a,26/35 of the Arms Act.

Allegation made in the F.I.R. is that the petitioner has confessed before the police authority who has apprehended the petitioner as well as one co-accused Sunil Singh that they had

Patna High Court CR. MISC. No.49406 of 2021(3) dt.09-05-2022 2/3 looted a truck and kept the driver of the truck confined in the Scorpio vehicle. One looted pistol was recovered from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that petitioner has no concern with the co-accused Sunil Singh nor he is involved in any manner in abduction of the driver or in looting the truck. Petitioner is in custody since 16.01.2021.

Learned A.P.P., for the State has vehemently opposed the prayer for grant of bail to the petitioner. Taking into consideration the period of custody undergone by the petitioner and nature of allegation made in the F.I.R., without going into the merits of the case, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Teghra P.S. Case No. 17 of 2021 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.49406 of 2021(3) dt.09-05-2022 3/3 properly represented on each and every date fixed by the Court. (iii) 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. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(Purnendu Singh, J) Niraj/- U T