Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79644 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== AJAY KUMAR, aged about 25 years, Male, Son of Nand Kishore Ram, Resident of Village - Phulwaria- 1 Ward No.1 Tara Adda, P.S.- Phulwaria, District - Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Raj Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 394 of the IPC in which charge sheet has also been submitted under Section 394 of the IPC. The prosecution story, in brief, is that on 10.04.2019 at about 8.30 P.M., the informant Abhishek Kumar was returning from Begusarai for his home at Village-Dahiya and when he reached near Guwal Toli then three unknown persons started chasing him on a red colour Glamour Motorcycle and after over taking the informant they stopped the informant and snatched his Mobile phone and purse containing ATM Card, Licence, Pan Cards and Adhar Card. It is also stated that the

Patna High Court CR. MISC. No.79644 of 2019(4) dt.16-03-2020 2/3 accused persons tried to flee away with the vehicle of the informant but could not succeed as one Truck came in the meantime. It is also stated that while leaving the place of occurrence the accused persons shot fired upon the informant but he by chance escaped.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 14.06.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The petitioner has been made accused in the present case on the basis of his own confession made in connection with another case. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief

Patna High Court CR. MISC. No.79644 of 2019(4) dt.16-03-2020 3/3 Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 128 of 2019.

(Sudhir Singh, J) U.K./- U T