Mallu @ Choli @ Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46603 of 2025 Arising Out of PS. Case No.-293 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Mallu @ Choli @ Ashish Kumar S/o- Chhotan Singh @ Jitendra Singh Village- Rajpur Ps- Koilwar Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-10-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was rejected vide order dated 07.02.2025 passed in Cr. Misc. No. 9126 of 2025.
3. The petitioner seeks bail in connection with Koilwar P.S. Case No. 293 of 2024 registered for the offences punishable under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.
4. The prosecution case in short is that informant had gone to collect money and while on the way, he was accosted with six miscreants, who have snatched Rs. 4,35,000/- and other documents whereafter, they fled away.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.46603 of 2025(4) dt.10-10-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to ulterior motive. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Amit Kumar @ Bulle recorded before the police which has got no evidentiary value in the eye of law. No incriminating material has been recovered from the conscious or physical possession of the petitioner. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 14.02.2025 without any rhymes or reason.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the State further submits that the prayer for bail of the co-accused has already been rejected by this Court vide order dated 21.11.2024 passed in Cr. Misc. No. 71224 of 2024 with one analogous case being Cr. Misc. No. 72969 of 2024.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing
Patna High Court CR. MISC. No.46603 of 2025(4) dt.10-10-2025 3/3 bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Koilwar P.S. Case No. 293 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T