Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21782 of 2025 Arising Out of PS. Case No.-417 Year-2024 Thana- ALOULI District- Khagaria ====================================================== Jyotish Kumar S/O Kishan Yadav R/O Vill.- Bhikhari Ghat, P.S.- Alouli, Dist.- Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The state of bihar Patna high court ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyanshu Ranjan For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Alauli P.S Case No. 417/2024 dated 08.10.2024 registered for the offence punishable u/ss 126(2), 115(2), 109, 303(2), 317(2) read with Section 3(5) of the B.N.S and Sections 25(1-B)(a) and 37 of the Arms Act.

3. As per the prosecution case, the co-accused person, Deepak Kumar along with two unknown persons had parked his motorcycle without registration number on the road and when the informant asked him to remove his motorcycle then they started abusing and assaulting the informant and started looting

Patna High Court CR. MISC. No.21782 of 2025(3) dt.15-07-2025 2/3 him. On being objected, the co-accused person, Deepak Kumar assaulted the informant with the butt of three-nut, causing head injury. Thereafter, they snatched gold Chakti from his neck, mobile and Rs. 10,000/-. Further, on 08-10-2024, the co-accused person, Deepak Kumar was threatening the informant near Madhupur village who was apprehended by him and others and was produced before the police and from his possession a snatched mobile phone, two live cartridges and a motorcycle were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Deepak Kumar. The other co-accused person has already been granted bail by this court vide order dated 08.01.2025 passed in Cr. Misc. No. 89898/2024. The petitioner has no concern with the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.10.2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.21782 of 2025(3) dt.15-07-2025 3/3 opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Alauli P.S Case No. 417/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T