Ajay Kumar @ Ajay Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79772 of 2023 Arising Out of PS. Case No.-564 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Ajay Kumar @ Ajay Ram Son Of Shri Ganesh Ram R/O Village- Kaparpura, P.S.- Kanti, Dist.- Muzaffarpur ... ... Petitioner/S
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 section 392, 395, 412 of the Indian Penal Code.
3. As per FIR, the allegation against unknown miscreants is that they intercepted the informant and at the point of pistol took away his van along with the consignment after throwing him out of the van.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of
Patna High Court CR. MISC. No.79772 of 2023(2) dt.11-12-2023 2/2 co-accused. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Neither the petitioner was put on TIP nor any looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by this Court vide order dated 04.05.2023 passed in Cr. Misc. No. 10411 of 2023. The petitioner is languishing in judicial custody since 02.09.2022.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, 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. 564 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 Judicial Magistrate-Ist Class, West Muzaffarpur. (Sunil Kumar Panwar, J) manishkumar/- U T