Ajit Jha @ Ajit Mishra @ Ajit Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12019 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- BARDAHA District- Araria ====================================================== Ajit Jha @ Ajit Mishra @ Ajit Kumar Mishra S/o. Prabhu Nath Mishra Resident of Village- Dabhra, P.S.- Tarabari, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-07-2021 Heard the parties in virtual Court proceeding. Let the defects, if any, be removed within four weeks of the start of the physical Court.

The petitioner is languishing in custody for the offences punishable under Sections 395/397 of the Indian Penal Code.

Submission is that the FIR of the occurrence of dacoity is against unknown. On the disclosure statement of coaccused before the police the petitioner was remanded in this case from some other case on 19.06.2020. However, the petitioner was never put on Test Identification Parade during investigation of the case nor any incriminating article was recovered from the possession of the petitioner. Since there is no substantial material against the

Patna High Court CR. MISC. No.12019 of 2021(2) dt.29-07-2021 2/2 petitioner for further detention as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty 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 Sikty (Bardaha) P.S. Case No. 58 of 2020 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T