Anand Chaudhary @ Ajay Chaudhary @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39285 of 2022 Arising Out of PS. Case No.-110 Year-2019 Thana- KINJAR District- Jehanabad ====================================================== ANAND CHAUDHARY @ AJAY CHAUDHARY @ AJAY KUMAR Son of Late Kamta Chaudhary Resident of Mohalla- Machchali Gali, P.S.- Shastri Nagar, District - Patna, P.S. Hawai Adda, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Mishra For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State, through Virtual Court Proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Kinjar P.S. Case No. 110 of 2019 registered for the offence under Sections 395 and 412 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 28.01.2022.
The allegation against the petitioner is to commit dacoity and while committing so, snatched cash of Rs. 26,000/- (Rupees Twenty Six Thousand) and also alleged taken away the
Patna High Court CR. MISC. No.39285 of 2022(2) dt.30-09-2022 2/3 truck belongs to informant after dragging the driver. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Satendra Yadav, where, in furtherance thereof nothing incriminating material surfaced/recovered, which may connect this petitioner with the present set of dacoity. It has further submitted that said Satendra Yadav has already been granted bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 5061 of 2021 dated 06.04.2021. It is pointed out that petitioner was not put on TIP, as yet.
It is also submitted that the petitioner found involved in 05 more criminal cases, where, he is on bail, where name of petitioner surfaced on the basis of confessional statement of co-accused persons, as of present occurrence. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as nothing incriminating surfaced/recovered to connect
Patna High Court CR. MISC. No.39285 of 2022(2) dt.30-09-2022 3/3 this petitioner with the present set of dacoity coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Kinjar P.S. Case No. 110 of 2019, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Arwal/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T