Mallu @ Choli @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9126 of 2025 Arising Out of PS. Case No.-293 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Mallu @ choli @ Ashish Kumar S/O Chhotan singh @ Jitendra singh R/O Vill.-Rajpur, P.S- Koilwar, Dist.- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Koilwar P.S. Case No. 293 of 2024 registered for the offences punishable under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that informant had gone to collect money and while on the way, he was accosted with six miscreants, who have snatched Rs. 4,35,000/- and other documents whereafter, they fled away.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has

Patna High Court CR. MISC. No.9126 of 2025(2) dt.07-02-2025 2/2 transpired on the bais of confessional statement of co-accused, namely, Amit Kumar @ Bulle. No incriminating material has been recovered from the conscious or physical possession of the petitioner. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that regular bail of other co-accused has been rejected vide order dated 21-11-2024, passed in Cr. Misc. No. 71224 of 2024.

6.

Considering the rival submissions made by the learned counsel for the parties, this Court is not inclined to grant anticipatory bail. Prayer for grant of anticipatory bail is, accordingly, rejected.

7.

However, if the petitioner surrenders before the court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) Raj Kishore/- U T