Aashish Kumar Singh @ Aashiqui @ Aashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14325 of 2020 Arising Out of PS. Case No.-100 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== AASHISH KUMAR SINGH @ AASHIQUI @ AASHISH KUMAR, aged about 28 years (Male), Son of Dev Datt Prasad Singh, Resident of Mohalla - Bibiganj Subhash Nagar, Road No. 3, P.S.- Sadar, Distt - Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Mukesh Kumar Jha, Advocate.
For the Opposite Party :
Mr.Ashok Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 395 and 397 of the IPC in which charge sheet has been submitted under Sections 395, 397, 412 and 120(B)/34 of the IPC.
The prosecution story, in brief, is that on 06.12.2019 in the morning, the informant reached the branch of Muthuth Finance Ltd., and at that time, two guards and C.C.O., Amita Singh were reached there. In his presence, both guards open the grill gate and both entered into the office and the Accountant Priya Ranjan also came and holding a business meeting at 9.30. All the staff took their seat and started about work. In the
Patna High Court CR. MISC. No.14325 of 2020(2) dt.02-03-2020 2/3 meantime at 11.30, Amita Singh keeping watch on C.C.T.V. said that some one is scuffling with the guard and thereafter accused persons snatched the key of the guard and entered into the office and they all fear of pistol made demand of key and gave a blow with the butt of the pistol and they done to open the door of strongroom. Some of the miscreants were watching on the outside and three of the miscreants started to put gold packet in a bag and miscreants also took out gold packed from the office staff and also taken an amount of Rs. 2,00,000/- and lastly it is said that the accused persons taken away from his bag together with Jio Mobile.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 08.07.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. There is no recovery from possession of the petitioner. The petitioner has not been put on T.I. Parade. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 37319 of 2019 under order dated 20.06.2019.
Patna High Court CR. MISC. No.14325 of 2020(2) dt.02-03-2020 3/3 On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M. Muzaffarpur, in connection with Sadar P.S. Case No. 100 of 2019.
(Sudhir Singh, J) U.K./- U T