Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1939 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- PUNAURA District- Sitamarhi ====================================================== AJAY RAI Son of Faguni Rai Resident of Village - Ranjitpur West, P.S.- Punaura, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-12-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Manoj Kumar, learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Punaura P.S. Case No.14 of 2020 registered for the offences punishable under Section 414 of the Indian Penal Code. The petitioner has no criminal antecedent. Learned counsel for the petitioner submits that as per the First Information Report the allegation against the petitioner is that he along with other co-accused was involved in commission of theft of motorcycle.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1939 of 2021(2) dt.14-12-2021 2/3 petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that this petitioner has been involved in this case on the basis of the statement of the apprehended accused and there is no recovery of motorcycle from his possession rather the recovery has been shown from the apprehended accused and the co-accused from whose Khalihan two motorcycles were recovered.

Learned APP for the State is present and has opposed the prayer for pre-arrest bail of the petitioner. Having regard to the materials placed before this Court showing that this petitioner has been involved in this case on the basis of the statement of the apprehended accused, however, he was not arrested on the spot and there is no recovery of motorcycle from his possession, the recovery has been shown from the apprehended accused and the co-accused from whose Khalihan two motorcycles were recovered, the petitioner has otherwise no criminal antecedent, this Court directs that the petitioner above-named in the event of his arrest or surrender within a period of four weeks from today in connection with Punaura P.S. Case No.14 of 2020 be released on bail on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.1939 of 2021(2) dt.14-12-2021 3/3 satisfaction of learned C.J.M., Sitamarhi, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 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) arvind/- 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'.