Ajeet Kumar @ Randarwa @ Gulli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.534 of 2021 Arising Out of PS. Case No.-285 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== AJEET KUMAR @ RANGDARWA @ GULLI Son of Ramekwal Singh Resident of Village - Daudnagar, P.S.- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Satyanand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 & 379 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was going to Vabhani Math via Khayabatti and when he reached near the railway crossing no.38, Tajpur Kharika, three miscreants riding on a black pulser motorcycle reached

Patna High Court CR. MISC. No.534 of 2021(2) dt.22-02-2021 2/3 there and got the vehicle of the informant stopped on the point of pistol and took away informant's motorcycle and a tab. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case by the police. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. No test identification parade has been conducted. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioner in the occurrence. Petitioner has been remanded in six cases including the present one. The petitioner has been languishing in custody since 11.01.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No.285 of 2019, subject to the following

Patna High Court CR. MISC. No.534 of 2021(2) dt.22-02-2021 3/3 conditions :

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) Trivedi/- U T