Ajay Kumar Mali @ Doman Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62898 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Ajay Kumar Mali @ Doman Mali, Son of Late Satyendra Mali, Resident of Village- Station Road, Mohania, P.S.- Mohania, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Ramgarh Police Station Case No. 85 of 2017 registered for offence under section 394 of the Indian Penal Code. It has been submitted that the above case was registered against unknown. In course of investigation, the coaccused was apprehended, who has confessed his complicity and also disclosed about complicity of this petitioner in the above crime and except the disclosure of name of this petitioner, there is nothing against him. One of the co-accused, Vikash Kumar Yadav @ Allu Yadav has been allowed bail by one of the coordinate Bench of this Court on 12.12.2017 in Criminal Misc. No. 58317 of 2017. The petitioner is in custody since 15.06.2017

Patna High Court Cr.Misc. No.62898 of 2017 (2) dt.12-01-2018 2/2 and his case stands on similar footing to the case of co-accused, who is on bail.

Considering the fact that the case of petitioner stands on similar footing to the case of co-accused, who is on bail and circumstances of the case, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Ramgarh Police Station Case No. 85 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T