Ayush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21071 of 2023 Arising Out of PS. Case No.-1122 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Ayush Kumar Son Of Sunil Singh R/O Village- Suryadeo Nagar, P.S.- Mufassil, District- Gaya 2.

Sanjay Kumar Singh @ Bablu Singh @ Sanjay Singh Son Of Nageshwar Singh R/O Village- Sheopuri Colony, P.S.- Mufassil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 At the outset, learned counsel for the petitioner seeks permission to withdraw this anticipatory bail application with respect to petitioner no. 2.

Permission is granted. The anticipatory bail application is dismissed as withdrawn with respect to petitioner no. 2.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 323 and other allied sections of the Indian Penal Code. Prosecution case in brief is that on the alleged date

Patna High Court CR. MISC. No.21071 of 2023(3) dt.11-07-2023 2/3 and time of occurrence, all the accused persons including petitioner went at the shop of informant and demanded ransom of Rs. 15 lakhs. On the same day, again the accused persons came at the shop of informant forcibly closed the shop and brought the informant in a room and all the accused persons started assaulting him. When the informant tried to escape coaccused Bablu Singh @ Sanjay Singh started firing and assaulted him with iron rod causing head injury. Other coaccused persons snatched, cash, mobile and gold chain from possession of the informant.

It is submitted that specific allegation of firing and causing assault is against co-accused Bablu Singh. Allegation of snatching cash, mobile and ornament is against other co-accused persons. There is no specific overt act against this petitioner. Petitioner claims clean antecedent.

Counsel for informant however vehemently opposed the prayer for bail.

Considering the facts aforesaid, Ayush Kumar petitioner no. 1, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.21071 of 2023(3) dt.11-07-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Gaya in connection with Muffasil P.S. Case No. 1122 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T