Ajay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49918 of 2019 Arising Out of PS. Case No.-148 Year-2017 Thana- PATNA GRP CASE District- Patna ====================================================== AJAY SHARMA Son of Ram Pratap Sharma Resident of Village- Jaganpura, P.S.- Ram Krishna Nagar, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagdish Prasad Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Patna G.R.P. Case No. 148 of 2017, instituted for the offence under Section(s) 401 of Indian Penal Code and Section 147 of Railway Act.

Counsel for the petitioner submits that petitioner was earlier granted bail by coordinate Bench of this Court vide order dated 20.2.2018 passed in Cr. Misc. 10075 of 2018, but the order could not be made effective because the petitioner has criminal antecedent.

From the order dated 2.11.2018 passed in Cr. Misc. 58534 of 2018 it appears that modification of the aforesaid order dated 20.2.2018 passed in Cr. Misc. 10075 of 2018 was disposed off with observation that the aforesaid order cannot be modified and petitioner was directed to file fresh application for bail. It is alleged in the written report that Police saw four

Patna High Court CR. MISC. No.49918 of 2019(2) dt.17-08-2019 2/2 persons standing in the dark at western end of Platform No. 8. On seeing the Police party, they started running away, but on chase, they were apprehended. They disclosed their names as Jai Rishideo, Ajay Sharma (petitioner), Gautam Kumar and Sanjay Kumar. On search, one piece of blade has been recovered from possession of the petitioner.

Counsel for the petitioner submits that petitioner is in custody since 23.3.2017.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 learned Rly. Additional Chief Judicial Magistrate, Patna, Distt. Patna, in connection with Patna G.R.P. Case No. 148 of 2017, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T