Ajit Kumar @ Ajeet Kumar @ Ajit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80323 of 2024 Arising Out of PS. Case No.-75 Year-2024 Thana- PUSA District- Samastipur ====================================================== Ajit Kumar @ Ajeet Kumar @ Ajit Paswan Son of Yogendra Paswan Resident of Village- Punas, P.S- Karpurigram, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 309(4) of the Bharatiya Nyaya Sanhita.

3. The case of the prosecution is that the bike of the informant was snatched by two unknown miscreants. During investigation, one Ajit Kumar Ram has given his confessional statement and on the basis of his confession, the name of the petitioner has surfaced. It has also come in the case diary that the stolen bike was recovered from the possession of co-

Patna High Court CR. MISC. No.80323 of 2024(3) dt.27-02-2025 2/3 accused, Ajit Kumar Ram.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implication in connection with the present case. It is further submitted that in seizure list, there is Engine number and Chasis number but corelating the registration number is not there while in FIR there is only registration number which cannot be said that the bike which has been recovered is the stolen one. It is also submitted that that the seizure has been made prior to the confessional statement. It is further submitted that according to the provision of BNS every seizure has to be video graphed but the same has not been followed. It is also argued that the petitioner was not put on T.I.P. Moreover, the petitioner is languishing in judicial custody since 25.07.2024 having one criminal antecedent in which he is on bail.

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

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pusa P.S. Case No. 75 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.80323 of 2024(3) dt.27-02-2025 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur.

(Ashok Kumar Pandey, J) Jagdish/- U T