Ajay Kumar Mali @ Doman Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48266 of 2017 ====================================================== AJAY KUMAR MALI @ DOMAN MALI, S/O LATE SATYENDRA MALI, R/O STATION ROAD, MOHANIA, P.S.- MOHANIA, DISTTKAIMUR (BHABUA). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Adv. For the Opposite Party/s : Mr. Shailendra Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant's brother-in-law while was returning from his shop over his motorcycle along with sale proceed after closing the shop was intercepted by the criminals who, after causing firearm injury succeeded in snatching of motorcycle as well as cash appertaining to Rs.30,000/- along with three mobiles. It is evident that informant is not an eyewitness. Furthermore, from the case diary, it is apparent that examination of victim was recorded under para-38 of the case diary wherein, he disowned to identify any of the culprit on account of darkness. It is further evident that petitioner along with others who were under judicial custody in connection with other cases were remanded in this case. Para-111 happens to be inculpatory extra judicial confessional statement of co-accused Vikash Kumar Yadav while paragraph 123 happens to be that of petitioner without any fruitful result.

Patna High Court Cr.Misc. No.48266 of 2017 (3) dt.14-11-2017 In spite of presence of criminal antecedent, on account of paucity of the relevant material, petitioner Ajay Kumar Mali @ Doman Mali is directed to 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, Bhabua in connection with Durgawati P.S. Case No.61/2017.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T