Ajay Kumar @ Ajay Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5410 of 2024 Arising Out of PS. Case No.-237 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== Ajay Kumar @ Ajay Rai Son of Late Ram Dayal Rai Resident of Village Kaila Jalalpur, P.S. - Goraul, Distt. - Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Parihar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Maniyari P.S. Case No. 237/2022 lodged on 31.07.2022 under Section 392 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against three unknown accused persons against whom there is allegation of robbery.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, rather his name has figured in this case by virtue of confessional statement of co-accused, Vikash Kumar who has been granted bail by a co-ordinate Bench of this Court vide order dated 12.05.2023 passed in
Patna High Court CR. MISC. No.5410 of 2024(2) dt.07-02-2024 2/3 Criminal Miscellaneous No. 17792/2023. He further submits that nothing incriminating has been recovered from the possession of the petitioner nor the petitioner has been put on the Test Identification Parade. The petitioner is in custody since 22.11.2022 and is accused in two more criminal cases, in which he is on bail. Moreover, the chargesheet has been filed in this case.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st Class Muzaffarpur (West), in connection with Maniyari P.S. Case No. 237/2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
7. The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied with the affidavit to be filed by the petitioner before the trial Court to the effect that he/her is not absconding in any of the cases as mentioned in paragraph no.3 of the
Patna High Court CR. MISC. No.5410 of 2024(2) dt.07-02-2024 3/3 petition as under :- (i) Maniyari P.S. Case No. 280/2022.
(ii) Sakara P.S. Case No. 422/2022.
(Dr. Anshuman, J) Ashwini/- U T