Ashiwni Kumar @ Ashwini Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63183 of 2025 Arising Out of PS. Case No.-13 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Ashiwni Kumar @ Ashwini Kumar, Son of Arjun Sharma, Resident of Village -Maharajganj Ward no 15, PS -Gwalpara, District -Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Murliganj P.S. Case No. 13 of 2023 dated 08.01.2023 instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 420, 504, 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that one Sonu Kumar along with his associates assaulted the informant and snatched his mobile, ATM card, Pan Card and Green Card and fraudulently transferred Rs. 2,61,000/- from the account of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not named in the
Patna High Court CR. MISC. No.63183 of 2025(2) dt.10-09-2025 2/3 F.I.R. Only on the basis of confessional statement of Sonu Kumar, the petitioner has been made accused in this case. It is further submitted that co-accused Sonu Kumar has already been acquitted after full-fledged trial bearing Sessions Trial No. 347 of 2023 vide judgment dated 05.06.2024 passed by learned Additional District & Sessions Judge-1st-cum-Special Judge, SC & ST (POA), Madhepura. It is further submitted that similarly situated coaccused, namely, Ranjeet @ Ranjeet Kumar Sighwa has been granted anticipatory bail vide order dated 20.12.2024 passed by co-ordinate Bench of this Court in Criminal Miscellaneous No. 88007 of 2024. Co-accused Guddu Kumar @ Sudhakar Kumar has also been granted anticipatory bail vide order dated 22.11.2024 passed by co-ordinate Bench of this Court in Criminal Miscellaneous No. 79223 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Murliganj P.S. Case No. 13 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.63183 of 2025(2) dt.10-09-2025 3/3 each to the satisfaction of the learned C.J.M., Madhepura subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) premchand/- U T