Aashish Kumar @ Aashish Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10861 of 2020 Arising Out of PS. Case No.-18 Year-2019 Thana- SHRI NAGAR District- Madhepura ====================================================== AASHISH KUMAR @ AASHISH PODDAR S/o Sanjay Poddar R/o villageMachhaha Ward No. 2, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-09-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Srinagar P.S. Case no. 18 of 2019 registered under section 392 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that while he was going on his newly brought motorcycle, he was looted by three accused persons who took away his motorcycle and other valuable articles as mentioned in the FIR.

It is submitted by learned counsel for the petitioner that FIR was registered against three unknown persons. The

Patna High Court CR. MISC. No.10861 of 2020(3) dt.01-09-2020 2/3 name of the petitioner transpired in course of investigation on the confessional statement of co-accused Dilip Kumar. Besides the said confessional statement, there is no other material against the petitioner. No incriminating article has been recovered from the persons or possession of the petitioner and the petitioner has no criminal antecedent. It is further stated that Dilip Kumar has been enlarged on bail vide order dated 3.6.2019 passed in B.P no. 345 of 2019 by the learned Additional Sessions Judge II, Madhepura.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the grant of bail to the co-accused on whose confessional statement the name of the petitioner transpired as also the petitioner not having any criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Srinagar P.S. Case no. 18 of 2019 he will be enlarged 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

Patna High Court CR. MISC. No.10861 of 2020(3) dt.01-09-2020 3/3 Chief Judicial Magistrate, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash/- U