Ayush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11512 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Ayush Kumar Son of Jawahar Poddar Resident of Village- Barauni, 03 PsTeghra, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Teghra P.S. case No. 280 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that two unknown miscreants boarded on a white coloured Apache motorcycle looted the bag of the informant containing one tab, cash amounting to Rs. 25535/- etc., on the gun-point.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case during investigation on the basis of restatement of the informant made in para-3 of the case diary in which the informant has stated that this petitioner

Patna High Court CR. MISC. No.11512 of 2024(2) dt.26-02-2024 2/2 was constantly following the informant before commission of the alleged occurrence. Learned counsel further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.10.2023 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no antecedent of similar nature as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. case No. 280 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T