Ajay Roy @ Ajay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 45406 of 2017 Arising Out of PS.Case No. -651 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Ajay Roy @ Ajay Rai, Son of Shiv Shankar Roy, Resident of VillageMahua Phulwariya, P.S.- Mahua, District- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Ms Bela Singh, Advocate For the S t a t e : Smt Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks bail in a case registered under Section 392 of Indian Penal Code.
Counsel for the petitioner submits that the allegation of loot was made against four unknown persons. It is further submitted that the petitioner has been falsely implicated in this case on the basis of his own confessional statement merely on suspicion. Nothing incriminating has been recovered from the possession of the petitioner to connect him in this crime. Till date, the petitioner has not been put on test identification parade and he is in custody in this case since 17.12.2016.
Considering the aforesaid submissions, prayer for
Patna High Court Cr.Misc. No.45406 of 2017 (2) dt.21-09-2017 2/2 bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali in Hajipur Town Police Station Case No 651 of 2016 dated 20.09.2016 subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.
(iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U T