Ajay @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78499 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== Ajay @ Ajay Kumar S/O Raj Kumar Sah @ Kuwar Sah R/O VillageRaghopur, P.S- Chirairya, Distt.- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chiraiya P.S. Case no. 260 of 2024 instituted for the offence under Sections 395 and 397 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 16.06.2024 when the informant was going to his house from his shop, he kept cash and other documents containing in a bag. In the way, when the informant reached near Raghopur bridge, five miscreants on two motorcycles intercepted him and on the
Patna High Court CR. MISC. No.78499 of 2024(2) dt.25-11-2024 2/3 point of pistol, they snatched his bag. It is further alleged they assaulted the informant with the butt of pistol. Accordingly, the FIR.
4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the only allegation against this petitioner is that one of the accused ordered him to fire but from perusal of the FIR, it appears that no fire was made by the petitioner. It has also been argued by the learned counsel for the petitioner that nothing has been recovered from his possession and the petitioner is having no criminal antecedent.
5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chiraiya P.S. Case no. 260 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.78499 of 2024(2) dt.25-11-2024 3/3 to the satisfaction of learned Judicial Magistrate, 1st Class, Sikarana at Dhaka, East Champaran, Motihari, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Jagdish/- U T