Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10773 of 2025 Arising Out of PS. Case No.-586 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Chhotu Kumar S/o Basavan Ram R/o Village - Meghuwa, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 13195 of 2025 Arising Out of PS. Case No.-586 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Ashok Kumar Son of Sri Kailash Manjhi Resident of Village - Meghua, P.S. - Motipur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 10773 of 2025) For the Petitioner/s :

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

Mr. Harendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 13195 of 2025) For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Kanti P.S. Case No. 586 of 2024 instituted for the offence under Sections 111, 317(4), 317(5), 304 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Patna High Court CR. MISC. No.10773 of 2025(3) dt.25-04-2025 2/3 3.

Prosecution case in short is that police on patrolling received a tip off about suspected highway robbers near Sadarpur Bridge. They apprehended three suspects with weapons and later arrested four more persons, including the petitioners, who arrived at the scene.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 16-11-2024. Petitioners bear no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Learned counsel for the petitioners submits that petitioner, namely, Chhotu Kumar, was pillion rider of the splendor motorcycle in question, which the petitioner, namely, Ashok Kumar was riding and the same is registered in the name of brother of petitioner, namely, Ashok Kumar. They have become the victim of the circumstances. Nothing has been recovered from the possession of the petitioners. Petitioners have no concern with the alleged occurrence. There is no compliance of Section 103 of the BNSS, 2023. Charge sheet is submitted in this case. Learned counsel for the petitioner submits that identically situated co-accused person has been

Patna High Court CR. MISC. No.10773 of 2025(3) dt.25-04-2025 3/3 enlarged on bail by this Court vide order dated 20-03-2025, passed in Cr. Misc. No. 15626 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kanti P.S. Case No. 586 of 2024.

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