Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59951 of 2023 Arising Out of PS. Case No.-375 Year-2019 Thana- DIGHA District- Patna ====================================================== Ashish Kumar Son Of Surendra Sao @ Surendra Prasad R/O Vill - Ramjee Chak, P.S. - Digha, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that the husband of the informant was killed and on information, she reached at the shop of the deceased and found her husband dead and staff of the informant one Ramu disclosed the name of the petitioner and other accused persons as assailants.

Patna High Court CR. MISC. No.59951 of 2023(3) dt.11-10-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. There is no eye witness to the occurrence. The postmortem report does not corroborate the case of the prosecution. The petitioner is languishing in custody since 05.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused has been granted privilege of bail by a coordinate Bench of this Court vide order dated 05.02.2020 passed in Cr. Misc. No. 63450 of 2019.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.59951 of 2023(3) dt.11-10-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Patna in connection with Digha P.S. Case No. 375 of 2019.

(Sunil Kumar Panwar, J) Shageer/- U T