Ajay Rai @ Ajay Kumar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24632 of 2018 Arising out of PS.Case No. -672 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Ajay Rai @ Ajay Kumar Roy, son of Shiv Shankar Rai, resident of VillagePhulbariya Hasanpur Osti, P.S.- Mahua, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Hajipur Nagar P.S. Case No. 672 of 2016 for the offences punishable under Section 392 of the Indian Penal Code. The present case arises out of an occurrence for which two cases have been lodged; one is Hajipur Nagar P.S. Case No. 672 of 2016 under Section 392 I.P.C. and another one is Hajipur Nagar P.S. Case No. 673 of 2016 under Sections 25(1-b), 26(II) and 35 of the Arms Act, Sections 414, 467, 420, 468, 471, 472 and 34 of the Indian Penal Code and Sections 8/10 (b) IIB of N.D.P.S. Act.
The learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.24632 of 2018 (4) dt.04-07-2018 2/3 petitioner has already been granted bail in the other case i.e. Hajipur P.S. Case No. 673 of 2016 wherein the allegation is regarding recovery of arms and ganja from the petitioner herein, hence there is no impediment for grant of bail to the petitioner in the present case. In the present case, the allegation is regarding the petitioner having snatched a sum of Rs. four lakhs but according to the learned counsel for the petitioner neither the said sum of Rs. four lakhs has been recovered from the petitioner nor during the course of investigation it has been found that the petitioner had snatched the sum of Rs. four lakhs. It is further submitted that though the petitioner is having a bad criminal antecedent but in most of the cases he has been granted bail.
The petitioner is stated to be languishing in custody since 27.9.2016. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Hajipur Nagar P.S. Case No. 672 of 2016.
It is directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned Police Station at 10 A.M. on each and every Monday of the month and in
Patna High Court Cr.Misc. No.24632 of 2018 (4) dt.04-07-2018 3/3 the event of his failure on three consecutive occasions to mark his attendance, the present privilege of bail shall stand cancelled automatically.
(Mohit Kumar Shah, J) S.Sb/- U T