Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4440 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- BHORE District- Gopalganj ====================================================== Ajay Kumar Suresh Yadav Resident of Hospital Road Siwan, P.S- Town Siwan, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bhorey P.S. Case No. 365 of 2018 registered for the offence punishable under Sections 414, 353, 34 of the Indian Penal Code.

Informant has alleged in his written complaint that on 06.11.2018 he alongwith other police personnel was on patrolling duty and reached near the bridge of village Lakhraon Bagicha, he saw three miscreants assembled there who started fleeing on seeing the police and two of them were apprehended after chase and disclosed their name as Ajay Kumar (petitioner) and Anmol Yadav. On search a master key was recovered from the possession of petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case due to high handedness of police. It has been further

Patna High Court Cr.Misc. No.4440 of 2019(2) dt.31-01-2019 2/2 submitted that seized motorcycle belongs to the father of petitioner. It has been further submitted that co-accused, namely, Anmol Yadav has been granted bail by this Hon'ble Court vide order dated 17.01.2019 passed in Cr. Misc. No. 80708 of 2018. Petitioner has no criminal antecedent and he is in custody since 08.11.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj, in connection with Bhorey P.S. Case No. 365 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T