Dr. Ajay @ Ajay Prasad @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40566 of 2020 Arising Out of PS. Case No.-93 Year-2020 Thana- BIHTA District- Patna ====================================================== Dr. Ajay @ Ajay Prasad @ Ajay Kumar Son Of Vasudeo Mochi @ Vashideo Nochi Resident Of Village - Neori, Police Station - Bihta, O.P. Neora, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 03-11-2021 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner apprehends arrest in connection with Bihta/Neora P.S. Case no. 93 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 427, 436, 307, 504 and 506 of the Indian Penal Code, 1860. As per prosecution case on the date of occurrence, petitioner among 20-35 unknown persons armed with weapons entered into the shop of the informant and threatened to kill the informant at the gun point and also ransacked the public properties including the vehicles.

It is submitted that one of the co-accused, namely, Raju Singh @ Raju Kumar, had approached this Court in Cr.

Patna High Court CR. MISC. No.40566 of 2020(3) dt.03-11-2021 2/3 Misc. No. 34007 of 2020 on 20.05.2021 for grant of anticipatory bail. Thus, petitioner has prayed for relief in terms of aforesaid order.

Learned counsel for the State, on instruction, submitted that matter is still under investigation stage. Petitioner is not entitled to leave sought in the present petition having regard to the alleged offences.

From the perusal of the order passed in the case of aforesaid co-accused Raju Singh, petitioner's role has not been set in any of the documents. That apart, the petitioner is entitled to be granted anticipatory bail in terms of aforesaid order passed in Cr. Misc. No. 34007 of 2020 on 20.05.2021. Accordingly, petitioner 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 the learned Additional Chief Judicial Magistrate I, Danapur, in connection with Bihta/Neora P.S. Case No. 93 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with following conditions: (I) that one of the bailors shall be a close relative of the petitioner, (II) that the petitioner shall cooperate with the Court

Patna High Court CR. MISC. No.40566 of 2020(3) dt.03-11-2021 3/3 and the police/prosecution. Failure to cooperate shall lead to cancellation of his bail bonds.

(P. B. Bajanthri, J) rakhi/- U T