Patna High CourtCR. MISC./80691/2024bail granted

Ajeet Singh @ Lucha v. The State Of Bihar

2024-11-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80691 of 2024 Arising Out of PS. Case No.-479 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Ajeet Singh @ Lucha S/O Late Vijay Singh R/O Rajwara, P.S- Atri, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-11-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with Fatehpur P.S. Case No. 479 of 2022 for the offence punishable under Sections 414, 120(B) of the Indian Penal Code and section 25(1-b)a/26/35 of the Arms Act lodged on 30.07.2022 by the informant, Shyam Sunder Paswan.

3. As per the prosecution story, the Police upon information raided the place and arrested number of accused persons with fire-arms from whom they purchased which led to implication of this petitioner and the FIR.

4. Learned counsel for the petitioner submits that nothing incriminating has been recovered which shows his innocence. Further, he is in custody since 13.08.2024 (para-1 of the petition), if granted bail, he will be diligently appearing in

Patna High Court CR. MISC. No.80691 of 2024(2) dt.21-11-2024 2/3 trial.

5. Learned APP opposes the prayer submitting that his name has come in the confessional statement.

6. Considering the aforesaid submissions put forward by the parties as also nothing has been recovered from his conscious possession, he has remained in custody since 13.08.2024, as undertaken, he will be diligently appearing in trial, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Xth, Gaya, in connection with Fatehpur P.S. Case No. 479 of 2022 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.80691 of 2024(2) dt.21-11-2024 3/3 police station every month for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T