Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59143 of 2021 Arising Out of PS. Case No.-151 Year-2021 Thana- PARAIYA District- Gaya ====================================================== Ajit Kumar Son of Rajendra Yadav Resident of Village - Dadopi, P.S.- Paraiya, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in Virtual Court proceeding.

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 connection with Paraiya P.S. Case No. 151 of 2021 registered for the offences punishable under Sections 341, 323, 325, 307, 379, 506/34 of the Indian Penal Code.

According to prosecution case, the petitioner alongwith other co-accused Sanjit Kumar assaulted the informant's son by way of Iron Rod as a result of which he sustained injury and fell down.

Patna High Court CR. MISC. No.59143 of 2021(2) dt.07-02-2022 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits as per F.I.R. there is admitted land dispute is going on between the parties and both are co-sharer and Gotiya and there is general and omnibus allegation against the petitioner. He further submits that it appears from the injury report that the injury is simple in nature. The petitioner is in custody since 17.07.2021.

The learned Additional Public Prosecutor vehemently opposed the prayer for bail.

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 Sri Vijayant Singh, Judicial Magistrate, 1st Class, Gaya in connection with Paraiya P.S. Case No. 151 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 fixed by the court and shall remain physically present as directed by the court and on his absence on two

Patna High Court CR. MISC. No.59143 of 2021(2) dt.07-02-2022 3/3 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