Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9471 of 2022 Arising Out of PS. Case No.-270 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== Ashish Kumar, S/o Dinesh Sah, R/o Village- Mahuawa, P.S.- Chhauradano (Mahuawa), District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Chhauradano (Mahuawa) P.S. Case No. 270 of 2021 registered for the alleged offences under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

Allegedly, the petitioner and other co-accused persons were apprehended while making preparation for dacoity and from possession of this petitioner, a white colour motorcycle

Patna High Court CR. MISC. No.9471 of 2022(2) dt.27-07-2022 2/3 was recovered, which is stated to be stolen one. The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Though, nothing incriminating has been recovered from the conscious possession of the petitioner, but due to highhandedness of police, the petitioner was arrested and remanded in this case. The other co-accused persons have been granted bail by a Coordinate Bench of this Court in Cr. Misc. Nos. 8602 of 2022 and 9254 of 2022. The charge sheet has been submitted and the petitioner is in custody since 12.10.2021. Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent.

Having regard to the submissions made hereinabove and considering the fact that the charge sheet has been submitted in this case and the petitioner is in custody since 12.10.2021, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Chhauradano (Mahuawa) P.S. Case No.

Patna High Court CR. MISC. No.9471 of 2022(2) dt.27-07-2022 3/3 (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T