Astuni Tiwari Alias Astuni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26528 of 2025 Arising Out of PS. Case No.-112 Year-2022 Thana- CHANDRADIP District- Jamui ====================================================== Ram Kumar @ Ramashankar Kumar S/O Mahesh Paswan R/O Village- Noni, P.S- Chandradeep, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner as well as the counsel appearing for the respondent-State.
2. It is the first regular bail application submitted by the petitioners who have been arrested in connection with Chandradeep P.S. Case No. 112 of 2022 dated 12.07.2022 for the alleged offences punishable under Section 392 of the Indian Penal Code.
3. According to the prosecution story, it is alleged that on 12.07.2022 at about 07:30 P.M. present applicant along with other co-accused persons Brajesh Kumar, Deepak Kumar and Sanjeev Kumar looted the gold chain from the complainant as well as Rs. 5500/- from Golu Kumar. On the basis of complaint made by the complainant Aman Kumar offence has been registered. During course of investigation the present applicant was arrested on 23.01.2025 and since then he is in custody.
4. It is submitted by the counsel for the petitioner that the
Patna High Court CR. MISC. No.26528 of 2025(2) dt.05-05-2025 2/2 petitioner herein is innocent and is falsely implicated in this case due to some previous dispute with the complainant. He further submits that no any alleged ornament or cash has been recovered from the present applicant. Lastly, he submits that both the co-accused persons namely Brajesh Kumar and Deepak Kumar have already been granted the benefit of bail by the Co-ordinate Bench of this Court vide Order dated 09.12.2022 passed in Cr. Misc. No. 47609 of 2022 and the charge-sheet has already been filed. Therefore, the petitioner may be granted benefit of bail.
5. Learned counsel appearing on behalf of respondentState opposes the prayer of bail.
6. Considering the submission made by the counsels and further considering the fact that other co-accused persons have already been granted benefit of bail. I am of the view that the present applicant should be granted the benefit of bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Chandradeep P.S. Case No. 112 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties, to the like amount each to the satisfaction of the learned A.C.J.M - I, Jamui.
(Arvind Singh Chandel , J) Siddharth Soni/- U T