Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36055 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- SIWAN CITY District- Siwan ====================================================== Ashish Kumar Son of Vijay Singh Resident of Village- Hakam, P.S- Siwan Muffasil, (Mahadeva O.P), Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Siwan Town P.S. case No. 46 of 2024 instituted for the offences under Sections 382, 411 of the Indian Penal Code.

3. Prosecution case, in short, is that two persons including this petitioner snatched mobile phone from the informant and tried to flee away but were caught with the help of local people and the looted mobile phone was recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating/looted article has been recovered from the

Patna High Court CR. MISC. No.36055 of 2024(2) dt.15-05-2024 2/2 conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen article. Learned counsel further submitted that the accused persons including this petitioner did not make any preparation to cause death, hurt or restraint of fear to the informant in order to commit the alleged offence, and therefore, Section 382 of the IPC is not attracted against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.02.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Siwan Town P.S. case No. 46 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T