Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63110 of 2019 Arising Out of PS. Case No.-107 Year-2019 Thana- DESARI District- Vaishali ====================================================== ASHOK KUMAR, aged about 19 years, Son of Kunkun Chaudhary, Resident of Village - Paharpur Purbi, P.S.- Jurabanpur, Distt.- Vaushali, Bihar. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Yashraj Bardhan, Advocate.
For the Opposite Party :
Mr.Dilip Kumar No. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Section 392 of the IPC. Later on, Section 395 of the IPC was also added.
The prosecution story, in brief, is that while the informant was going to his home, six unknown criminals assaulted him with Helmet and snatched his Mobile and cash Rs. 200/- from him. They also took the key of the Motorcycle of the informant.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 10.07.2019. The petitioner has got no criminal antecedent. The petitioner has been made accused in the present case due to
Patna High Court CR. MISC. No.63110 of 2019(2) dt.14-11-2019 2/2 mistake of fact. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. One Mobile phone with Sim Card is alleged to have been recovered from possession of the petitiioner. The petitioner had no knowledge that the same is looted article. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Vaishali at Hajipur or his successor court, in connection with Desri P.S. Case No.107 of 2019 (Sahdai) O.P., corresponding to G.R. No. 1949 of 2019.
(Sudhir Singh, J) U.K./- U T