Ajay Kumar Rai @ Ray @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62330 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- KANKARBAG District- Patna ====================================================== Ajay Kumar Rai @ Ray @ Ajay Kumar S/o Sri Jawahar Ray @ Jawahir Ray Resident of Village- Rampur Shyam Chand, P.S.-Raghopur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhu Prasun, Advocate.

For the Opposite Party/s :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kankarbagh P.S. Case No. 76 of 2018 instituted for the offence under Section 394 of the Indian Penal Code.

Prayer for bail of the petitioner was earlier rejected by coordinate Bench of this Court vide order dated 21.6.2018 passed in Cr. Misc. 35149 of 2018.

Counsel for the petitioner submits that petitioner is in custody since 24.04.2018. Counsel for the petitioner further submits that co-accused Diwakar Guha has already been granted bail by a coordinate Bench of this Court vide order dated 05.07.2018 passed in Cr. Misc. 33269 of 2018. Report was called for from the court below which

Patna High Court Cr.Misc. No.62330 of 2018(4) dt.19-11-2018 2/2 has been received. From the report it appears that charge has not even been framed in this case.

It is alleged in the written report that some unknown persons snatched the bag containing Rs.2,00,000/- from the informant while he along with his father was returning after closing his shop at night.

During investigation it has come that SBI Cheque book and Debit Card of I.C.I.C.I Bank have been recovered from possession of the petitioner.

Keeping in view the period spent by the petitioner in custody and also the fact that other co-accused has already been granted bail, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Kankarbagh P.S. Case No. 76 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

S.Ali/- (Sanjay Priya, J) U T