Ajay Kumar @ Shrawan @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38666 of 2017 Arising Out of PS.Case No. -132 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== Ajay Kumar @ Shrawan @ Chhotu, Son of Abhimanu Yadav, Resident of Village- Darwan, P.S.- Uphara, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Karpi P.S. Case No. 132 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he is a staff in a petrol pump and three persons on the alleged date of occurrence came on motorcycle on the pretext of taking fuel and took Rs. 35,000/- cash from the counter and fled away. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and his name surfaced on his own extra judicial confession

Patna High Court Cr.Misc. No.38666 of 2017 (2) dt.21-08-2017 2/2 before the police in another case in which he is in custody since 06.02.2017 and has been remanded in the present case on 23.06.2017. It is further submitted that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and is involved in one more case registered under the Arms Act.

Be that as it may, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 132 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner and that if, in future, petitioner is found to have indulged in similar nature of offence, the prosecution will be at liberty to move before the learned Court below for cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T