Abhishek Kumar Singh @Ayush Kumar @Ayush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57042 of 2021 Arising Out of PS. Case No.-277 Year-2018 Thana- BARGAINIA District- Sitamarhi ====================================================== Abhishek Kumar Singh @ Ayush Kumar @ Ayush Son of Saroj Singh Resident of Village- Basant, P.S.- Bajpatti, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and Shri Uday Pratap Singh, learned A.P.P. for the State.

The petitioner seeks bail in connection with Bairgania P.S. Case No. 277 of 2018 instituted for the offences under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 31.08.2020 charge-sheet has been submitted in the case and has antecedent of four cases. Learned counsel for the petitioner submits that allegation is of snatching a bag containing Rs. 3,22,000/- from Neeraj and mobile of the informant by two unknown criminals. Learned counsel for the petitioner submits that the F.I.R. was against unknown, the name of the petitioner transpired in the confessional statement of co-accused, Satyendra Thakur, nothing was recovered from his possession nor he was put on

Patna High Court CR. MISC. No.57042 of 2021(2) dt.24-02-2022 2/2 T.I.P. It is further submitted that petitioner was in custody in Bairgania P.S. Case No. 85 of 2019 in which he was made to confess his participation in the crime after it was disclosed by Satyendra Thakur that petitioner was also an accomplice in the crime.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that though the name of the petitioner came in the confessional statement of coaccused but he has antecedent of four cases. Considering the fact that the petitioner is in custody since 31.08.2020, charge-sheet has been submitted in the case, his name transpired in the confessional statement of co-accused and nothing was recovered from his possession, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 277 of 2018 with a condition that one of the bailor shall be the father of the petitioner (Saroj Singh). The petitioner shall be released after framing of charge.

(Satyavrat Verma, J) Rishi/- U T