Ajit Kumar Sahni @ Naushad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65503 of 2021 Arising Out of PS. Case No.-506 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== Ajit Kumar Sahni @ Naushad, S/O Sita Ram Sahni R/O R.M.S.- Colony S.T. Marg Residential School, P.S.- Kankarbagh, Dist- Patna. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar For the Opposite Party/s :
Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 394, 34 of the Indian Penal Code and Section 27 of the Arms Act.
The learned counsel for the petitioner submits that the petitioner is in custody since 09.08.2021, charges have been framed and has antecedent of two cases.
Allegation is of looting of cash and ornaments at Chiraiyantand Bridge and on protest by the wife of the informant, one accused fired killing her.
The learned counsel for the petitioner submits that the F.I.R. was against unknown and the name of this petitioner transpired in the case based on the confessional statement of co-
Patna High Court CR. MISC. No.65503 of 2021(4) dt.26-04-2022 2/3 accused Gaurav Kumar Singh and Sonu Kumar. The learned counsel further submits that no stolen articles were recovered from the possession of the petitioner, nor he was put on T.I. Parade and confessional statement, as such, does not have any evidentiary value made before the police. It is further submitted that similarly situated co-accused Awadhesh Kumar Yadav @ Jisu has been granted bail by order dated 24.01.2022 in Cr. Misc. No.47770 of 2021.
The learned A.P.P. for the State opposes the bail application.
Considering the fact that the petitioner is in custody, charges have been framed, his name transpired in the confessional statement of co-accused and co-accused has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jakkanpur P. S. Case No.506 of 2020, with a condition that petitioner will have to mark his attendance before the concerned police station in between 01st to 05th of every month commencing from May, 2022, till the trial of the case does not commence. In the event,
Patna High Court CR. MISC. No.65503 of 2021(4) dt.26-04-2022 3/3 the concerned police station reports to the learned Court below that the petitioner has violated the condition imposed as aforesaid in any of the month prior to the commencement of the trial, the learned Court below will be at liberty to cancel his bail bonds. Further when the trial commences and the petitioner does not appear on two consecutive dates, the learned Court below then also will forthwith cancel his bail bonds. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T