Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43759 of 2018 Arising Out of PS.Case No. -775 Year- 2017 Thana -PHULWARI District- PATNA ======================================================
1. Ajay Kumar, aged about 21 Years S/o Dina Nath, R/o Goriyatoli, P.S.- Kotwali, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Varun Kumar Trivedi For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Section 436 and other allied Sections of the Indian Penal Code.
Petitioner is not named in the first information report and the impugned order goes to show that the name of this petitioner came in this case in course of investigation. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case as well as other cases only on the basis of suspicion. He further submitted that as a mater of fact communal tension took place between the two communities for which Phulwarisharif P.S. Case No.772 of 2017 was lodged
Patna High Court Cr.Misc. No.43759 of 2018 (2) dt.23-07-2018 2/2 and the name of this petitioner was dragged in that case. Subsequently, the petitioner was made accused in this case also on the basis of statement given by local chowkidar. He further submitted that moreover, petitioner has already been granted privilege of bail by a co-ordinate Bench of this Court in Phulwarisharif P.S.Case No.772 of 2014.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Judge-XV-cum-A.C.J.M., Patna in connection with Phulwari P.S. Case No.775 of 2017.
(Hemant Kumar Srivastava, J) Sanjeev/- U T