Ajay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39141 of 2020 Arising Out of PS. Case No.-430 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== AJAY SAH S/o Ashok Sah Resident of Village - Barasumera, P.S. - Kurhani (Turki O.P.), Kurhani, District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-02-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the stamp reporter within four weeks after start of normal functioning of this Court. Heard learned counsel for the petitioner and Mr. Binod Kumar, learned A.P.P. for the State.

The petitioner in the present case is seeking regular bail in connection with Kurhani P.S. Case No. 430 of 2020 registered for the offences punishable under Sections 413, 414/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that as per the First Information Report the informant arrested the accused of Kurhani P.S. Case No. 297 of 2020 and on their disclosure the informant recovered two motorcycles from the house of this petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.39141 of 2020(2) dt.12-02-2021 2/3 petitioner has been falsely implicated in this case. Learned counsel for the petitioner that no incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged seized motorcycles and he is in custody since 13.07.2020 and in one case in which he is an accused he is on bail. Mr. Binod Kumar, learned A.P.P. for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein the petitioner has remained in jail since 13.07.2020, investigation against him is complete, in one case in which he is an accused, he is on bail and there is no submission on behalf of the State that his release at this stage is likely to result in tampering with evidence or interfering with the course of trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-3rd, West Muzaffarpur in connection with Kurhani P.S. Case No. 430 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

Patna High Court CR. MISC. No.39141 of 2020(2) dt.12-02-2021 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.