Ashish Kumar @ Babul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3016 of 2025 Arising Out of PS. Case No.-343 Year-2024 Thana- SULTANGANJ District- Patna ====================================================== Ashish Kumar @ Babul S/O Ashok Kumar Prasad Resident Of Ranighat, Sumit Path, P.S.- Sultanganj, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Prasad For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-02-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 103(1), 3(5) of BNS read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 18.08.2024 her husband was murdered at about 09:25 AM and she can identify the accused persons. It is next alleged that her husband was in trouble for quite some times and when informant asked him that as to why he feels perturbed, on which he had disclosed that named accused persons were demanding extortion of Rs. 10 Lakhs since he was a contractor of Building Construction Department, Government of Bihar, further

Patna High Court CR. MISC. No.3016 of 2025(2) dt.14-02-2025 2/3 alleges that this petitioner along with Paras Mani Dubey used to give information to the accused persons about her husband.

4. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that petitioner is not alleged to have participated in the occurrence but then is alleged to have provided information to the accused persons which led to the killing for not giving extortion. It is next submitted that similarly situated co-accused, Paras Mani Dubey, had approached this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 88133 of 2024 and the same came to be allowed by an order dated 08.01.2025, thus, the learned counsel seeks anticipatory bail based on parity and it is also submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is

Patna High Court CR. MISC. No.3016 of 2025(2) dt.14-02-2025 3/3 pending/successor court in connection with Sultanganj P.S. Case No. 343 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. One of the bailors of the petitioner shall be his cousin brother, Ashwini Kr. Sharan.

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioner.

9. It is further made clear that if charge sheet is submitted connecting the petitioner with the offence, in that event the present anticipatory bail order shall lose its effect. (Satyavrat Verma, J) Rishabh/- U T