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Patna High CourtCR. MISC./48253/2025allowed

Ashutosh Kumar @ Ashotosh Kumar v. The State Of Bihar

2025-08-08Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48253 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Bankebazar District- Gaya ====================================================== Ashutosh Kumar @ Ashotosh Kumar S/o Yugal Singh R/o Jmuna, P.SImamganj, Distt- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Prabhakar, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-08-2025 Heard Mr. Kumar Prabhakar, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, learned APP for the State.

2. The petitioner has prayed for bail in connection with Bankebazar P.S. Case No. 25 of 2025 registered for the offence punishable under Sections 25(a-B)(a), 26, 35 of the Arms Act.

3. The case of the prosecution is that one Gulshan Kumar @ Raiphal and Rohit Kumar has gave his confessional statement that they along with this petitioner have killed a person on 13.02.2025. It is further alleged that the house of the Gulshan Kumar and Rohit was searched. The house of this petitioner was also searched.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.48253 of 2025(2) dt.08-08-2025 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the FIR, it is clear that no recovery was made from the possession of this petitioner rather the recovery has been made from the house of co-accused namely, Deepak Kumar. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 15.02.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghari, Gaya in connection with Bankebazar P.S. Case No. 25 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T