Ajay Ray @ Ajay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8969 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- AZIMABAD District- Bhojpur ====================================================== AJAY RAY @ AJAY RAI SON OF LATE SHADHU SARAN RAI R/O VILLAGE- MEHDORA, P.S.- AZIMABAD, DISTRICT- BHOJPUR. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Azimabad P.S. Case No.14 of 2020 registered under Section 25(1-b)a/26 and 35 Arms Act. One pistol and four live cartridges were recovered from personal possession.
It is submitted by the petitioner's counsel that it is a
Patna High Court CR. MISC. No.8969 of 2021(4) dt.26-07-2021 2/3 case of false implication. The recovery is not in accordance with law and the petitioner is in custody since 08.05.2020. The submission is that the implication is based on the criminal antecedent. Fifteen cases are pending since before, but all are old cases, the most recent being of 2010. He is on bail in all the said cases.
Learned APP has has submitted that petitioner is a hardcore criminal having so many antecedent.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in Azimabad P.S. Case No.14 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his
Patna High Court CR. MISC. No.8969 of 2021(4) dt.26-07-2021 3/3 bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash Narayan /- U T