Patna High CourtCR. MISC./58072/2024bail granted

Ashish Ranjan Kumar v. The State Of Bihar

2024-08-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58072 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- BELCHHI District- Patna ====================================================== Ashish Ranjan Kumar son of Ravindra Kumar Village- Bhikhochak, PSBelchhi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Belchhi P.S. Case No. 97 of 2024, instituted for the offences punishable under Sections 379, 461 and 511 of the Indian Penal Code.

3. The prosecution case, in short, is that, an attempt of theft was made by some miscreants in an ATM counter. The miscreants tampered the CCTV and tried to commit theft by cutting the ATM machine by gas cutter but failed to do so.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.58072 of 2024(2) dt.21-08-2024 2/2 the petitioner further submitted that one TVS Apache Motorcycle has been recovered from the house of the petitioner and the petitioner has got no concern with the recovered motorcycle. The petitioner is neither named in the FIR nor arrested on the spot. Name of the petitioner has transpired on the basis of CCTV footage but no T.I. parade has been conducted in this case. The petitioner is in custody since 11.06.2024 and has got one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Belchhi P.S. Case No. 97 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T