Ashok Sah @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10354 of 2023 Arising Out of PS. Case No.-210 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== ASHOK SAH @ ASHOK KUMAR S/O BHARAT SAH Resident of VillageRaj Pur P.S.- Rajpur, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and Section 27 of Arms Act. As per prosecution case, while the informant along with three others were coming with two pick up van from Baliya to Kudra, on the way, four unknown miscreants on the point of pistol snatched away four mobile phones as well as cash of Rs. 7,000/- from them.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the

Patna High Court CR. MISC. No.10354 of 2023(2) dt.19-04-2023 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has been transpired in this case on the basis of confession made by co-accused namely, Bhola Kumar Gond who is already getting the privilege of bail granted by a coordinate Bench of this court vide order dated 8.7.2021 passed in Cr. Misc. No. 18728 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 15.11.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kudra P.S. Case No. 210 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of C.J.M., Kaumur at Bhabhua.

(Sunil Kumar Panwar, J) amandeep/- U T