Ajay Kumar @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64181 of 2022 Arising Out of PS. Case No.-339 Year-2020 Thana- BANIAPUR District- Saran ====================================================== Ajay Kumar @ Sumit Kumar Son Of Hawaldar Bhagat @ Hawaldar Yadav R/O Village- Satjora, P.S.- Daraundha, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

According to prosecution case, the informant's motorcycle was missing from the spot where he had parked and on inspection of the CCTV footage it was found that the motorcycle had been stolen at about 02.16 hours. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case only on

Patna High Court CR. MISC. No.64181 of 2022(2) dt.13-03-2023 2/3 the basis of CCTV footage. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. He further submits that till date no TIP has been conducted by the prosecution and the name of the petitioner has been transpired on the basis of the self confessional statement of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 03.02.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Baniyapur P.S. Case No. 339 of 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two

Patna High Court CR. MISC. No.64181 of 2022(2) dt.13-03-2023 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the 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 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T