Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5747 of 2024 Arising Out of PS. Case No.-252 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Ashok Kumar, S/O Surendra Sah, resident of Village- Paroo, P.S.- Paroo, District. Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Upadhyay, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-04-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 252 of 2023 dated 19.10.2023 registered for the offence(s) punishable under Section(s) 395 of Indian Penal Code.

3. Mr. Om Prakash Upadhyay, learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR, his name came into light in the confessional statement of co-accused namely, Arbind Sahni and Vikash Kumar @ Vikash and except this, there is no material against him and he has got no criminal antecedent and he has been languishing in jail since 08.11.2022. It is further submitted that the police failed to recover any incriminating material including looted article after the petitioner was taken into custody on the

Patna High Court CR. MISC. No.5747 of 2024(4) dt.19-04-2024 2/2 basis of inadmissible material and one co-accused namely, Mukesh Yadav carrying similar nature of allegation has been granted bail by this court vide order dated 19.02.2024 passed in Cr. Misc. No. 8457 of 2024.

4. Ms. Pronoti Singh, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepted that against this petitioner, there is no material except the confessional statements of accused persons .

5. Considering the above submissions, this court is inclined to enlarge the petitioner on bail. Accordingly, let the petitioner named-above 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 concerned Court in connection with Bhagwanpur P.S. Case No. 252 of 2023. (Shailendra Singh, J) Rajiv/- U T