Ramashish Kumar @ Ashish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26145 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- DANAPUR District- Patna ====================================================== RAMASHISH KUMAR @ ASHISH S/O JEETENDRA PRASAD YADAV @ JITENDRA PRASAD YADAV RESIDENT OF VILLAGE MAHRANA, P.S-DHARHARA, DISTRICT-MUNGER.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 365 of the Indian Penal Code to which section 302, 201, 120B and 34 of the Indian Penal Code were added subsequently. As per the prosecution case, while the informant was at his jewellery shop, it is stated that his brother on receiving a telephone call proceeded on his motorcycle. On his brother asking him on telephone, the informant gave to a person the ornaments worth Rs.1.75 lacs. Thereafter, it is stated that the mobile phone of the brother of the informant was coming as switched off and his whereabouts not known.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.26145 of 2021(5) dt.10-01-2022 2/2 that the F.I.R. was registered against unknown. The material being relied on by the prosecution against the petitioner in course of investigation is his confessional statement made before police. No incriminating article has been recovered from the petitioner's possession and co-accused Aman Kumar has been enlarged on bail vide order dated 27.9.2021 passed in Cr. Misc. no.9156 of 2021. The petitioner is in custody since 25.8.2020 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation, the petitioner having remained in custody for over 1 year 4 months and grant of bail to the above named co-accused Aman Kumar, the Court directs the petitioner to be enlarged on bail in connection with Danapur P.S. Case no.30 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Danapur, District Patna.

(Partha Sarthy, J) Saurabh/- U T