This order grants bail to the petitioner, Ajay Kumar, an under-trial prisoner accused of violating jail norms. Relying on parity with a coordinate bench, the court directed his release upon filing a bond and furnishing two sureties.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10968 of 2018
Arising Out of PS. Case No.-125 Year-2017 Thana- BEUR District- Patna
======================================================
Ajay Kumar, son of Subhash Lal, Resident of Mohalla- Mahavir Colony, Shivshakati Nagar, P.S.- Bahadurpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. SRI RAMCHANDRA SAHANI ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 23-02-2018
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Beur P.S. Case No.125 of 2017, registered under Sections 188 and 414 of the Indian Penal Code as well as under Section 52 of Under Trial Prisoner Act.
Allegation is that while the petitioner returned back to jail from the court after production, he was found carrying mobile, SIM and battery.
Learned counsel for the petitioner submits that similarly situated another under trial prisoner, accused in this case, Sunni Paswan @ Chhotaka Sunni has been admitted to bail by a coordinate Bench of this Court by order dated 18.01.2018, passed in Cr. Misc. No.3176 of 2018 and on parity, the
Patna High Court Cr.Misc. No.10968 of 2018(2) dt.23-02-2018 2/2
petitioner also seeks bail who is in custody in this case since 02.06.2017.
Having considered the said facts and circumstances, petitioner Ajay Kumar is directed to 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 ACJM-VIII, Patna in connection with Beur P.S. Case No.125 of 2017.
(Arun Kumar, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner, an under-trial prisoner in custody accused under Sections 188 and 414 IPC and Section 52 of the Under Trial Prisoner Act, entitled to release on bail on grounds of parity.
Ajay Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
