Ajay Kumar Ravidas @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55987 of 2025 Arising Out of PS. Case No.-912 Year-2024 Thana- SAHAYAK NAGAR District- Katihar ====================================================== Ajay Kumar Ravidas @ Ajay Kumar S/O Late Upendra Ravidas R/O Behind of Mirchaibari Petrol Pump, P.S- Sahayak, Distt- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Nagar Sahayak P.S. Case No. 912 of 2024 registered for the offence punishable under Section 303(2) of the B.N.S.

3. Learned counsel for the petitioner submits that the petitioner is accused in two cases in connection with Nagar Sahayak P.S. Case No. 269/2022 and Nagar (S) P.S. Case No. 336/2023 under section 379 of the I.P.C. Although, it has not been stated in the petition but learned counsel for the petitioner submits that the petitioner is on bail in both the cases.

4. The case of the prosecution in brief is that the informant who is resident of Purnia district drive an auto (TOTO) of his room owner. On 27.11.2024, the informant along

2/4 with his brother had gone to Chandrakala garden to attend a marriage, leaving his TOTO outside the venue. After sometime, when the informant returned he found the TOTO vehicle missing and thereafter on search the same was found near the Secretariat but from the said TOTO, the battery had been taken away.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated. During course of investigation, his name has surfaced as accused person. He further submits that there is no recovery from his conscious possession and that due to local politics and with ulterior motive, police has deliberately implicated his name in the present case. The petitioner is languishing in judicial custody since 01.12.2024 and charge-sheet in the present case has already been submitted against him. He further submits that he has remained in the custody for considerable period of time and given the fact that investigation already stands completed, no purpose would be served in keeping the petitioner in further custody.

6. On the other hand, learned APP appearing for the State vehemently opposes the prayer for regular bail of the petitioner.

3/4

7. Considering the entire facts that the petitioner was not named in the F.I.R. and that he has been roped in by the police during the investigation and further that nothing has been recovered from his conscious possession, also considering the fact that he has remained in custody since 01.12.2024 and charge-sheet in the present case has already been filed, completing the investigation. For all these reasons, I am inclined to grant privilege of bail to the petitioner.

8. Let the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sahayak P.S. Case No. 912 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates without substantial reason or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

4/4 (iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

9. Accordingly, the prayer for bail is allowed. (Alok Kumar Sinha, J) Ranjeet/- U T