Ashish Kumar @ Atis Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23452 of 2025 Arising Out of PS. Case No.-53 Year-2023 Thana- BITHAN District- Samastipur ====================================================== Ashish Kumar @ Atis Kumar S/o Ram Kashi Yadav R/o Vill - Morakhi, P.S. - Bithan, Samastipur, Bihar-848101 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 394 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the informant along with his wife were coming back home when they were intercepted by four masked accused persons and they snatched Chakti and earring of his wife worth Rs. 1,85,000/- along with the mobile of the informant and cash etc.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot, it is next

Patna High Court CR. MISC. No.23452 of 2025(2) dt.30-04-2025 2/3 submitted that FIR is against unknown and the name of the petitioner transpired in the confessional statement of Md. Sabir in police custody which does not have any evidentiary value. It is also submitted that Md. Sabir has been granted the privilege of regular bail by the leaned Trial Court itself, as such, no useful purpose would be served by sending the petitioner to jail when the accused in whose confession the name of the petitioner transpired, has been enlarged on regular bail. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bithan P.S. Case No. 53 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.23452 of 2025(2) dt.30-04-2025 3/3

7. One of the bailors of the petitioner shall be his father namely Ram Kashi Yadav.

8. Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Rishabh/- U T