Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48298 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

AJIT KUMAR Son of Shree Rajesh Pandit Resident of Village - Sugapakar, P.s.- Musarigharai, Distt.- Samastipur.

2.

RAHUL KUMAR Son of Pramod Rai Resident of Village - Sugapakar, P.S.- Musarigharai, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, four accused persons on two motorcycles are said to have assaulted the informant and dispossessed him of his belongings including mobile phone, and a musical instrument.

It is submitted by learned counsel for the petitioners that the FIR was registered against unknown. The petitioners were falsely implicated in the case when on the basis of an

Patna High Court CR. MISC. No.48298 of 2021(2) dt.10-02-2022 2/2 information received from an informer a raid was conducted and the stolen article was recovered from their possession. It is submitted that contrary to the allegation no incriminating articles has been recovered from the petitioners possession who inspite of being in custody since 12.5.2021 have not been put on T.I. parade and chargesheet has been submitted in the case. The petitioners have no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners having remained in custody for about 9 months, the petitioners are directed to be enlarged on bail in connection with Ujiyarpur P.S. Case no. 117 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Samastipur. (Partha Sarthy, J) Spd/- U T