Ajay Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64989 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- SOHSARAI District- Nalanda ====================================================== AJAY THAKUR S/o Raghunandan Sharma Resident of Village- Markswadi Nagar, P.S.- Rajgir, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 392, 395 and 412 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 18.03.2021, charge-sheet has been submitted and has antecedent of one case.
Allegation is of committing dacoity in the house of the informant in absence of her husband by tying her son while the informant was cooking. Further, the accused looted silver ornaments along with the article as detailed in the FIR. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.64989 of 2021(2) dt.31-03-2022 2/3 FIR is against unknown and name of this petitioner transpired in the confessional statement of co-accused Abhimanyu @ Mannu Kumar. Learned counsel further submits that though during the course of investigation it has come that looted articles were recovered from the house of the petitioner but only two silver coins and mobile were recovered which belongs to the petitioner as in the FIR it is even alleged that dacoits committed loot of silver coins from the house of the informant. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the son of the informant has claimed to have identified the silver coins and mobile.
Learned counsel further submits that similarly situated co-accused Sonu Kumar has been granted bail by order dated 18.01.2022 in Cr. Misc. No. 47743 of 2021 and Abhimanyu, in whose confessional statement, the name of this petitioner transpired, was granted bail by order dated 23.02.2022 in Cr. Misc. No. 56986 of 2021 and Chandan Rajak was granted bail by order dated 02.03.2022 in Cr. Misc. No. 57367 of 2021 and the case of the co-accused were also same as that of the present petitioner.
Considering the fact that the petitioner is in custody
Patna High Court CR. MISC. No.64989 of 2021(2) dt.31-03-2022 3/3 since 18.03.2021, charge-sheet has been submitted and coaccused have been granted bail, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Soh Sarai P.S. Case No. 28 of 2021 corresponding to Sessions Trial No. 430 of 2021, subject to the condition that one of the bailors shall be the father (Raghunandan Sharma) of the petitioner. (Satyavrat Verma, J) Kundan/- U T