Aashish Kumar @ Ashish Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30485 of 2022 Arising Out of PS. Case No.-196 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== AASHISH KUMAR @ ASHISH RAJ Son of Promod Mandal Resident of village - Miya Hat, Chaura Parwaha, P.S.- Forbesganj, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-11-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, the police received an information that some miscreants were planning to commit crime in the Hotel Green Plaza. Thereafter, the police raided the said hotel and two miscreants fled away and one miscreant

Patna High Court CR. MISC. No.30485 of 2022(2) dt.16-11-2022 2/3 was apprehended. One country-made pistol and three live cartridges were recovered from the apprehended co-accused. The apprehended miscreant disclosed his name as Ranjan Kumar and the name of the two miscreants who escaped as Aashish Kumar (petitioner) and Vivek Kumar.

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 name of the petitioner has sprung up in the confessional statement of the co-accused Ranjan Kumar. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Forbesganj P.S. Case No. 196 of 2022.

Patna High Court CR. MISC. No.30485 of 2022(2) dt.16-11-2022 3/3 The application stands allowed.

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