Ajeet Rai @ Ajeet Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53359 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Ajeet Rai @ Ajeet Kumar Rai, Son of Late Laxman Rai @ Dukhan Rai, Resident of Village- Gurudah Gausnagar, P.S. Runisaidpur, District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Anuj Kumar Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302, 307, 120 (B) and 34 of the I.P.C and section 27 of the Arms Act.

The petitioner is not named in the First Information Report but on the basis of his confessional statement made in Runisaidpur P.S. Case No. 534 of 2014 he has been implicated in this case.

Submission is of false implication and that besides the confessional statement there is no legal and tangible material against the petitioner and he is suffering in custody since

Patna High Court Cr.Misc. No.53359 of 2015 (4) dt.15-03-2016 2/2 30.03.2015 though having some criminal antecedent. The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. East, Muzaffarpur in Mithanpura P.S. Case No. 10 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T