Ajit Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60503 of 2021 Arising Out of PS. Case No.-260 Year-2018 Thana- RAJNAGAR District- Madhubani ====================================================== AJIT KUMAR DAS Son of Arun Das Resident of Village - Mahinathpur, P.S. - Basopatti, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-02-2022 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 Rajngar P.S. Case No. 260/ 2018 registered for the offences punishable under Sections 414, 120(B)/34 of the IPC, and 46 Prisoners Act. As per prosecution case, on 19.08.2018 during surprise inspection of jail premises, one mobile phone, one Sim card and a battery was recovered from possession of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.60503 of 2021(2) dt.11-02-2022 2/3 petitioner has committed no offence and he has falsely been implicated in the present case. He further submits that it appears from the FIR that one mobile, one Sim card and a battery have been recovered from conscious possession of the petitioner in jail premises. He further submits that petitioner is in custody since 23.06.2021.

The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries two criminal antecedent.

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 Additional Chief Judicial Magistrate-1, Madhubani in connection with Rajngar P.S. Case No. 260/ 2018, 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 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.60503 of 2021(2) dt.11-02-2022 3/3

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) shahzad/- U T