Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15181 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- MEHANDIA District- Jehanabad ====================================================== Ashok Kumar Son of Seth Rajbanshi Resident of Village - Bandhwa Pachhiyari Tola, P.S.- Devkund, Distt - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kumar Uday Pratap, Advocate For the Opposite Party/s :

Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner who is in custody since 10.1.2020 has filed the instant application for grant of regular bail in connection with Mahendiya P.S. Case no. 119 of 2019 registered under sections 395 and 397 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that while he was returning in his car, there was obstruction on the road as a result of which he had to stop and thereafter 6-7 accused persons variously armed chased him. He made an attempt to escape but his vehicle met with an accident. It is stated that the accused persons beat him up and took away various articles including Rs. 14000/-.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown and the name of the petitioner transpired in the confessional

Patna High Court CR. MISC. No.15181 of 2020(3) dt.05-06-2020 2/2 statement of a co-accused made before the police. It is stated that even as per the confessional statement, no overt act has been alleged against him and in fact he has been implicated by the accused who happens to be the brother-in-law of the petitioner's brother. It is submitted that the petitioner is a student of BA in Daudnagar College, Aurangabad. He has no criminal antecedent and is in custody since 10.1.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner having no criminal antecedent and being in custody since 10.1.2020, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mahendiya P.S. Case no. 119 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal.

(Partha Sarthy, J) Prakash/- U