Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2923 of 2023 Arising Out of PS. Case No.-89 Year-2022 Thana- ASARGANJ District- Munger ====================================================== Ashish Kumar S/O Dinesh Yadav Resident of Village- Ratni,P.S.- Kharagpur, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail who is in custody since 17.06.2022 in connection with Asarganj P.S. Case No. 89 of 2022, F.I.R. dated 16.06.2022 for the offences punishable under Sections 394 and 412 of the Indian Penal Code and Section 25(1-b)a, 26(i) of the Arms Act.
According to prosecution case, the informant was coming to the native village from his motorcycle and on the way on boy aged about 22-23 years old looted his motorcycle on gun point and he also assaulted the informant.
Patna High Court CR. MISC. No.2923 of 2023(3) dt.07-07-2023 2/3 Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation when the petitioner was arrested along with the looted motorcycle and one loaded country made pistol. He further submits that in fact, the looted motorcycle has been recovered from the possession of the petitioner and till date no T.I.P. has been conducted by the prosecution. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 17.06.2022.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.
Considering the aforesaid facts and circumstances, 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 the learned Additional Chief Judicial Magistrate II, Munger in connection with Asarganj P.S. Case No. 89 of 2022, subject to the following
Patna High Court CR. MISC. No.2923 of 2023(3) dt.07-07-2023 3/3 conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T