Ashish Kumar @ Aaish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38191 of 2026 Arising Out of PS. Case No.-648 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Ashish Kumar @ Aaish Kumar S/o Surendra Yadav @ Surendra Kumar R/o Village - Jajhat Sabela, Ward No.-09, P.S. - Singheshwar, District -Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Shadab Alam Wazdi For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 19-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under Section 309(4) of the Bhartiya Nyaya Sanhita.

3. As per the prosecution story, informant was returning home on motorcycle after closing his shop. Three boys got down from a different vehicle, intercepted him. Two of whom assaulted him. Subsequently, all the three boys put a gun to his head and robbed him. Hence the F.I.R.

4. It has been submitted on behalf of the petitioner that the petitioner is innocent and he has been falsely implicated in this case. Petitioner is not named in the F.I.R. and it has been

Patna High Court CR. MISC. No.38191 of 2026(2) dt.19-06-2026 2/3 submitted that the petitioner has been implicated in this case due to dirty village politics. Nothing incriminating or any stolen property was recovered from the possession of the petitioner. It has also been submitted that the Test Identification Parade (TIP) has not been conducted and charge-sheet has already been filed. It has further submitted on behalf of the petitioner that the search and seizure procedure under Section 103 and 105 of Bhartiya Nagrik Suraksha Sanhita has not been followed. Petitioner is in custody since 31.12.2025.

5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul or concerned Court, in connection with Supaul P.S. Case No. 648 of 2025 on the following condition :- (i) That one of the bailor should be family member of the petitioner.

(ii) That the petitioner will cooperate in the trial and will remain present on all dates personally or should be duly

Patna High Court CR. MISC. No.38191 of 2026(2) dt.19-06-2026 3/3 represented through his counsel and whenever required to be physically present by the Court, he should physically appear in Court on that date.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Kumar Manish, J) sanjeev/- U T