Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71183 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- AMDABAD District- Katihar ====================================================== Ajay Kumar Singh Son of Avinash Singh @ Avinash Kumar Singh Resident of Village - Nawabganj, P.S. - Manihari, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Mandal, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amdabad P.S. Case No. 97 of 2024 instituted for the offences under Section 395 of the Indian Penal Code.

3. Prosecution case, in short, is that, six unknown miscreants boarded on two motorcycles intercepted the informant, assaulted him and snatched his bag containing Rs. 50,000/- cash and other belongings and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of Md. Nasim. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel

Patna High Court CR. MISC. No.71183 of 2024(2) dt.05-10-2024 2/2 further submitted that petitioner has got no concern with the looted articles. Learned counsel further submitted that only one mobile phone and a bag has been recovered from the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.05.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that petitioner has been identified during the Test Identification Parade.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amdabad P.S. Case No. 97 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T