Ajit Kumar @ Ajit Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5397 of 2024 Arising Out of PS. Case No.-31 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Ajit Kumar @ Ajit Kumar Ray Son of Ramphal Ray @ Ramphool Yadav @ Rampal Yadav Resident of Village- Fulkaha ward no 8, (Chakni Ray Tola), P.S.- Gamhariya, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== 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 Singheshwar P.S. Case No. 31/2023 lodged on 08.02.2023 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against four unknown persons alleging therein that they all got the pickup van of the informant stopped and on the point of pistol, they snatched the pickup van, mobile phones and cash amount.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The name of the petitioner has figured in this case by virtue of the

Patna High Court CR. MISC. No.5397 of 2024(2) dt.07-02-2024 2/3 confessional statement of the co-accused. He further submits that as per the investigation report the recovery of the vehicle has been made from the possession of the petitioner. He further submits that for one incident, there are two criminal cases pending against him and in one case, he is on bail while in another case, he is persuading for bail. The petitioner is in custody since 09.02.2023 and the chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean.

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 learned CJM, Madhepura in connection with Singheshwar P.S. Case No. 31/2023 , 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

Patna High Court CR. MISC. No.5397 of 2024(2) dt.07-02-2024 3/3 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 petition as under :-

1. Gamhariaya P.S. Case No. 200/2022

2. Singheshwar P.S. Case No. 32/2023.

(Dr. Anshuman, J) Ashwini/- U T