← Library
Patna High CourtCR. MISC./55368/2021bail granted

Ajit Jha @ Ajit Mishra @ Ajit Kumar Mishra v. The State Of Bihar

2021-09-29Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55368 of 2021 Arising Out of PS. Case No.-36 Year-2020 Thana- SIKTI District- Araria ====================================================== AJIT JHA @ AJIT MISHRA @ AJIT KUMAR MISHRA SON OF PRABHU NATH MISHRA R/O VILLAGE- DABHRA, P.S.- TARABARI, DISTRICTARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2021 Heard Mr. Gopal Kumar Jha, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor for the State.

Petitioner renews his prayer for bail in connection with Sikty (Bardaha) PS Case No. 36/2020 registered for the offence punishable under Section 392 of the IPC inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide order dated 10.02.2021 passed in Cr. Misc No. 40099/2020 (Annexure-1) with liberty to renew his prayer for bail after six months.

The allegation, as per First Information Report, is that the informant was intercepted by three unknown miscreants who snatched a bag containing Rs. 55054/- and other valuable papers from the informant.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has transpired in

Patna High Court CR. MISC. No.55368 of 2021(2) dt.29-09-2021 2/2 this case on the basis of confessional statement. Learned counsel next submits that no incriminating or looted article has been recovered from his possession and he is in custody since 19.06.2020. Learned counsel also submits that earlier while rejecting the bail application of the petitioner, this Court had granted him liberty to renew his prayer for bail after six months. Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 19.06.2020, trial is not likely to be concluded in near future due to pandemic of COVID-19 and this is the second attempt for bail on behalf of petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, AJIT JHA @ AJIT MISHRA @ AJIT KUMAR MISHRA be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Araria/concerned court in connection with Sikty (Bardaha) PS Case No. 36/2020.