Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57223 of 2021 Arising Out of PS. Case No.-158 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== Ajay Kumar Son of Mohan Rai @ Mohan Ray Resident of Village- Bidupur Dih, P.S.- Bidupur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashish Kumar Ranjan For the Opposite Party/s :
Mr. Madan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioner seeks bail in a case registered for the offences punishable under Sections 467, 468, 471, 420, 120(B) of the Indian Penal Code and Section 30(a), 36, 41(1) of Bihar Prohibition and Excise Act.
Recovery is of 3060.720 liters of IMFL.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that nothing has been recovered from the conscious possession of the petitioner, rather the
Patna High Court CR. MISC. No.57223 of 2021(3) dt.07-04-2022 2/3 recovery has been made from the Truck and Pick-up van in question and petitioner is the driver of pick-up van. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Jitendra Rai and Shambhu Paswan have been granted bail by a co-ordinate Bench of this Court vide orders dated 24.01.2022 and 03.03.2022 passed in Cr. Misc. No. 55360 of 2021 and Cr. Misc. No. 61722 of 2021. The petitioner is in custody since 24.07.2021.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail on the ground that petitioner carries two criminal antecedents other than the present one.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Ganga Bridge P.S. Case No. 158 of 2021, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date
Patna High Court CR. MISC. No.57223 of 2021(3) dt.07-04-2022 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. 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.
(Rajesh Kumar Verma, J) mdrashid/- U T