Ajay Kumar @ Ajay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78476 of 2023 Arising Out of PS. Case No.-556 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== AJAY KUMAR @ AJAY RAM S/o Ganesh Ram R/o village- Kaparpur, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392, 395, 412 of the Indian Penal Code.

As per FIR, the allegation against the accused persons is that they boarded in Bolero car came and on pistol point thrown away the driver of the alleged truck and fled away with the said truck.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was not apprehended on the spot and he has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely, Rahul Kumar. Neither the

Patna High Court CR. MISC. No.78476 of 2023(3) dt.29-02-2024 2/2 petitioner is named in the FIR nor he was put on TIP. Nothing incriminating article has been recovered from his possession. Similarly situated co-accused person upon who name of the petitioner has been dragged in this case has already been granted bail by this Court vide order dated 24.05.2023 passed in Cr. Misc. No. 27319 of 2023. It is further submitted that the petitioner was remanded in this case on 14.09.2022 and since then he is languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti P.S. Case No. 556 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-18th, Muzaffarpur. (Sunil Kumar Panwar, J) Manishkr/- U T