Ashalok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60618 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- NASRIGANJ District- Rohtas ====================================================== ASHALOK KUMAR S/o RUDAL YADAV R/o VILLAGE-CHAMPAPUR, P.S-BAKHTIYARPUR, DISTRICT-PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Nasriganj P.S. Case No. 16 of 2020 instituted for the offences under Sections 392 and 394 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted and has antecedent of 7 cases. It is submitted that the petitioner is on bail in five cases.

Learned counsel for the petitioner further submits that the informant alleges that he along with his wife and the driver were going to his village Bhojpur on a Swift Dzire Car, they were intercepted by 3-4 unknown criminal who was driving the

Patna High Court CR. MISC. No.60618 of 2021(2) dt.21-03-2022 2/3 Scorpio. Further, the accused forcefully made the informant, his wife and driver sit in the Scorpio and after some distance pushed them out of the car and fled away with a bag containing jewellery worth Rs.1.50 lakh along with three mobile and Rs.5,000/- from the pocket of the driver of the informant and fled away along with the Swift Dzire.

Learned counsel for the petitioner submits that the FIR was against unknown. The name of this petitioner transpired in the confessional statement of Azad Kumar and Vikash Kumar and the petitioner was also made to confess his participation in the crime when he was in custody. It is further submitted that neither the petitioner has been put on T.I. Parade nor any incriminating article was recovered from his possession merely because the petitioner has antecedent, as such, he has been implicated in the present case.

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

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with

Patna High Court CR. MISC. No.60618 of 2021(2) dt.21-03-2022 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nasriganj P.S. Case No. 16 of 2020, subject to the condition that one of the bailors shall be the father (Rudal Yadav) of the petitioner.

(Satyavrat Verma, J) Kundan/- U T