Ajay Kumar @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84728 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Ajay Kumar @ Ajit Kumar Son of Late Lalan Ram Resident of villageChaitipipar (Dariyapur) , P.S- Ghoshi, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Adv For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-04-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Hulasganj P.S. Case No. 77 of 2024 registered for the offences punishable u/s 392 of the I.P.C.

3. As per the prosecution case, the informant is a utensil hawker and stated that on 22.03.2024 at about 3:30 P..M., he was returning from village Kandual. In the meantime, two persons boarded on a motorcycle came and snatched away his mobile and a cash amount of Rs. 5260/- and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he is not named in the FIR and his name has surfaced in the confessional statement of the

Patna High Court CR. MISC. No.84728 of 2024(5) dt.21-04-2025 2/3 co-accused, namely, Chhotu Kumar. It is next submitted that the petitioner has been falsely implicated in this case and no incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that no TIP has been done for the identification of the accused persons. It is lastly submitted that the petitioner has three criminal antecedents and is in custody since 05.08.2024.

5. Learned APP for the state has vehemently opposed the prayer for bail and has stated that the petitioner is a habitual offender and carries three criminal antecedent, hence, he does not deserve the liberty of bail.

6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner is in custody since 05.08.2024 and no incriminating material has been recovered from the conscious possession of the petitioner, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad, in connection with Hulasganj P.S. Case No. 77 of 2024, subject to the following conditions:- (i) The petitioner will remain present on each and

Patna High Court CR. MISC. No.84728 of 2024(5) dt.21-04-2025 3/3 every date fixed by the Court below, if so required by the learned Trial Court.

(ii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iii) If, the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T