Allowed

Ajay Kumar @ Ajay Kanna @ Ajay Kana v. The State of Bihar

Patna HC13 Apr 2022CR. MISC./58047/2021

Case brief

AI extract

What is this about?

High Court granted bail to petitioner in delay trial case involving criminal offences. Petition filed after prior bail rejection noted two-year lack of progress. Bail approved with conditions including presence at trial and cooperation.

What did the court decide?

Petitioner released on bail with bonds of Rs. 20,000 and two sureties of like amount each subject to specific conditions including appearance at trial and cooperation.

Ajay Kumar @ Ajay Kanna @ Ajay Kana Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58047 of 2021

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Arising Out of PS. Case No.-31 Year-2019 Thana- SULTANGANJ District- Patna

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======================================================

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Ajay Kumar @ Ajay Kanna @ Ajay Kana Son of Vijay Ram Resident of Ambedkar Colony, Sandalpur, P.S.- Sultanganj, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Shambhu Sharan Singh For the Opposite Party/s : Mr.Umanath Mishra ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 13-04-2022

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Let the defects, if any, be removed within four weeks

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from today.

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Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed in court, the same has been kept on record.

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Petitioner seeks bail in a case registered in connection with Sultanganj P.S.Case No. 31 of 2019 for the offences punishable under Sections 307 and 326 of the Indian Penal Code and ¾ of the Explosive Substance Act.

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Earlier, the petitioner had moved before this Court

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for grant of his bail in Cr. Misc. No.54827 of 2019 in connection with the present case, however, prayer for bail was rejected vide order dated 08.01.2020 giving observation that if

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Patna High Court CR. MISC. No.58047 of 2021(3) dt.13-04-2022 2/3

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the trial is not concluded within the period of six months the petitioner shall be at liberty to renew his prayer for bail. The order of the Hon’ble Court is annexed as Annexure-2 to this petition.

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It is submitted on behalf of the learned counsel for the petitioner that even after lapse of two years, there is no substantial progress inspite of the fact, the case is committed to the court of session and charges have been framed way back on 25.11.2019 and this petitioner is in custody since 31.01.2019.

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The learned A.P.P opposed the prayer for bail of the petitioner and submits that the application of the petitioner was earlier rejected by this Court.

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Having considered the submission, made on behalf of the parties and taking note of the observation made by the Hon’ble Court vide order dated 08.01.2020 passed in Cr. Misc. No.54827 of 2019 coupled with the fact of no progress in the trial, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1^st , Patna City, Patna in connection with Session trial no. 926 of 2019 arising out of Sultanganj P.S.Case No. 31 of 2019, subject to the condition

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Patna High Court CR. MISC. No.58047 of 2021(3) dt.13-04-2022 3/3

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that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

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(Harish Kumar, J)

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N.K/-

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U T

Ajay Kumar @ Ajay Kanna @ Ajay Kana v. The State of Bihar

Case brief

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Ajay Kumar @ Ajay Kanna @ Ajay Kana v. The State of Bihar

Case brief

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