Bambam @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39569 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- FCI District- Begusarai ====================================================== Bambam @ Ashutosh Kumar S/O Shyam Kumar @ Shyam Singh R/O Village-Bihat-Maksaspur-Tola-Khemkaranpur, PS- FCI, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2025 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 FCI P.S. Case No. 24 of 2025 dated 28.03.2025 registered for the offences punishable u/ss 109 read with Section 3(5) of the B.N.S. and Sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, on 27.03.2025, the informant went out from his house for natural call, in the meantime, two F.I.R. named accused persons came to the informant. The co-accused, Pokan gave his mobile to the informant to talk with his boss. On objection made by the informant, the co-accused, Pokan fired two rounds with his

Patna High Court CR. MISC. No.39569 of 2025(2) dt.08-07-2025 2/3 pistol which hit below the left shoulder of the informant. Thereafter, two F.I.R. named accused persons including one unknown person fled away from the spot.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Pokan Kumar. There is no specific allegation against the petitioner rather the specific allegation of firing is against the co-accused, Pokan @ Shanu Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.03.2025.

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 above-named, 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, Begusarai in

Patna High Court CR. MISC. No.39569 of 2025(2) dt.08-07-2025 3/3 connection with FCI P.S. Case No. 24 of 2025.

7. The application stands allowed.

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