Ashutosh Kumar @ Ashu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37941 of 2025 Arising Out of PS. Case No.-324 Year-2025 Thana- DANAPUR District- Patna ====================================================== Ashutosh Kumar @ Ashu Kumar son of Anil Kumar Resident of VillageNayatola, Saguna, P.S.- Danapur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kant Singh, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-06-2025 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 Danapur P.S. Case No. 324 of 2025 dated 24.03.2025 registered for the offences punishable u/ss 317(5) read with Section 3(5) of the B.N.S. Act.

3. As per the prosecution case, during patrolling, two miscreants tried to flee away but one of them was apprehended while another succeeded in fleeing away. The apprehended person disclosed his name as Ankit Kumar and also disclosed the name of the person who succeeded in fleeing away as Ashu Kumar (petitioner). On search, two stolen batteries were recovered from the possession of the apprehended co-accused person, Ankit Kumar.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.37941 of 2025(2) dt.25-06-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in the confessional statement of the co-accused, Ankit Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.03.2025.

5. Learned A.P.P. for the State has vehemently 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, Danapur at Patna in connection with Danapur P.S. Case No. 324 of 2025.

7. The application stands allowed.

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