Ajay Yadav @ Ajay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.2116 of 2018 (2) dt.15-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2116 of 2018 Arising Out of PS.Case No. -999 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Ajay Yadav @ Ajay Kumar, S/o Jagadish Yadav, resident of VillageDumrail, P.S.- Saharsa, District Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Diwakar Prasad Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 08.08.2017 in connection with Saharsa P.S. Case No. 999 of 2015 for the offences alleged under Sections 307, 302/34 of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and except this, there is no other material whatsoever to connect the petitioner with the alleged occurrence. Similarly situated co-accused Mukesh Ranjan Singh @ Mukesh Kumar Singh @ Mannu @ Monno, Praveen Kumar Singh, Kundan Singh @ Kunda Kumar Singh and Rohit Kumar Jha @ Rohit Jha have been granted bail by this Court in Cr. Misc. No. 8183 of 2016, Cr. Misc. No. 19940 of 2016, Cr. Misc. No. 20762 of 2016 and Cr. Misc. No. 22332 of 2016 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.2116 of 2018 (2) dt.15-01-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa P.S. Case No. 999 of 2015, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T